Human Rights

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Upholding the Right to Fair Trial: The Appeals Chamber’s Impactful Decision on the Alternative Findings Procedure at the IRMCT

The recent decision handed down by the Appeals Chamber of the International Residual Mechanism for Criminal Tribunals (IRMCT) in the Kabuga case, which overturned the Trial Chamber’s precedent-setting decision to introduce an “alternative findings procedure” for the trial of unfit individuals, may potentially mark a positive shift towards safeguarding the rights of defendants within the realm of international justice. Kabuga has been accused of committing genocide and inciting genocide in Rwanda. He was indicted for these crimes by the ICTR in 1998 and he lived as a fugitive until his eventual arrestin 2020. As his trial at the IRMCT commenced, it quickly became apparent that Kabuga’s health was compromised. Consequentially, several measures were taken by the Trial Chamber to accommodate him and ensure his full participationin the proceedings, including holding shorter sessions. However, after being diagnosed with a progressive form of dementia consistent with Alzheimer’s disease by three psychiatrists, the court ruled…

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The Human Rights Backlash in Criminal Justice: The Case of Russia’s Exit from the European Convention on Human Rights

Large-scale conflicts such as the Russia – Ukraine crisis transform societal structures of the regions involved. Much analysis has already focused on changes in Russian politics, economy, culture, etc. However, some gradual and heterogeneous reconfigurations in Russia’s legal system can easily be overlooked, especially if these do not immediately produce significant political events attracting scholars’ attention.

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The Caster Semenya Judgment of the ECtHR: Why It Should Not be the Final Whistle?

The legal marathon of Caster Semenya against regulations of the sport governing body (SGB) overseeing athletics has emerged as one of the most contentious legal battles, reaching the pinnacle of the European human rights framework. Semenya is a South African runner with naturally higher testosterone levels than other females. She refused to submit herself to World…

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Towards A United Kurdistan: Prospects for Kurdish Self-Determination

A century has elapsed since one of history’s most hypocritical, enduring, and consequential betrayals of principle. Following World War I (WWI) and the collapse of the Ottoman Empire, an independent Kurdistan was about to emerge. In Europe the Treaty of Versailles had implemented the principle of self-determination for ethnically-defined peoples, giving birth to new nation-states. Likewise in the…

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Justifying Extraterritorial Human Rights Obligations and Climate Change as a Counterexample

Why and What to Justify Extraterritorial human rights obligations are contentious. In the UK, for example, the ECtHR’s findings that armed forces deployed abroad have human rights obligations have met with criticism. Extraterritoriality is also routinely named as one of the most difficult aspects of the next generation of potentially groundbreaking human rights litigation:…

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