Effective Remedy

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Prosecuting Atrocity Crimes Committed in Northern Ethiopia: The Need for Special National Prosecution Mechanism

April 4, 2022

Wubeshet Tiruneh

Over the last four years, serious human rights violations and abuses, have been committed in Ethiopia in and outside of the context of an armed conflict. These violations may constitute international crimes, such as crimes against humanity, war crimes and torture. The situation particularly worsened and garnered international attention after an armed conflict broke out in Tigray on November 3rd, 2020, and later expanded to Afar and Amhara regions of Ethiopia. On December 17, 2021, in a special session convened at the request of the EU, the UN Human Rights Council decided to establish an international commission of human rights experts on Ethiopia, with a mandate, inter alia, to investigate alleged violations and abuses committed in Ethiopia since November 3, 2020 and provide guidance on transitional justice, including accountability. On March 2, 2022, the President of the Human Rights Council appointed three experts, including Fatou Bensouda, the former chief prosecutor of the ICC, as members of the Commission.

The International Court of Justice’s 2022 Reparations Judgment in DRC v. Uganda: ‘Global Sums’ as the New Device for Human Rights-Based Inter-State Disputes

February 14, 2022

Diane Desierto

On 9 February 2022, the International Court of Justice issued its much-awaited Reparations Judgment in Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda) [hereafter, "2022 Reparations Judgment"], awarding the Democratic Republic of the Congo (DRC) the global sum of US$330 Million as total compensation for damage caused by Uganda's violations…

A Handy Illusion? Interpretation of the ‘Unlikely to Bring Effective Relief’ Limb of Article 7(e) OPIC by the CRC in Saachi et. al.

November 1, 2021

Başak Çali

In an EJIL Talk! blog post, Aoife Nolan laid out the salient aspects of the five inadmissibility decisions in Saachi et al. v. Argentina, Brazil, France, Germany and Turkey delivered by the UN Committee on the Rights of the Child on 8 October 2021. Her post focussed on how the Committee handled key…

SDG Report 2020: The Civil, Political, Economic, Social, Cultural, and Development Rights Crises Deepening in the Global South

July 15, 2020

Diane Desierto

The United Nations recently released its Sustainable Development Goals Report 2020, and the results are expectedly grim during this global pandemic. Not only has the world fallen well off track from Agenda 2030 objectives - including the eradication of poverty - but the deepening inequalities within the Global South augur even worse outcomes for the most vulnerable populations on…

Reforming Land Restitution – A Concerted Effort to Derail Colombia’s Transitional Justice System?

November 2, 2018

Fin-Jasper Langmack

Recently, Kai Ambos alerted readers of two attempts to weaken Colombia’s transitional justice system (see here and here). A third development fortifies suspicions that the country’s newly elected government intends to derail it. This time, a legislative proposal threatens Colombia’s land restitution process. Changes in the treatment of secondary occupants of reclaimed land could especially frustrate…

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Supreme Court of Spain: UN Treaty Body individual decisions are legally binding

August 1, 2018

Koldo Casla

The Spanish Supreme Court has established that the views expressed by UN Human Rights Treaty Bodies in individual complaints are binding on the State. The Court ordered Spain to pay €600,000 in compensation to Ángela González for the responsibility of its authorities in relation to the death of her daughter. Her daughter was murdered by her father in…

Turkey’s Derogation from Human Rights Treaties – An Update

August 18, 2016

Martin Scheinin

In an earlier post of 27 July I provided a first assessment of Turkey’s declared derogation from the European Convention on Human Rights (ECHR) and an assessment what kind of measures could be expected, as derogations both from the ECHR and the International Covenant on Civil and Political Rights (ICCPR). This new post provides an update, partly…

Jones v UK: The re-integration of State and official immunity?

January 14, 2014

Philippa Webb

Philippa Webb is Lecturer in Public International Law at King’s College London. She is the co-author, with Lady Hazel Fox QC, of the third edition of The Law of State Immunity (OUP 2013). As regards the immunity of the State, the 6-1 decision in Jones and Others v the…

Jones v. UK: A Disappointing End

January 16, 2014

Lorna McGregor

Lorna McGregor is the Director of the Human Rights Centre and Reader in Law at the University of Essex. She was previously the International Legal Adviser at REDRESS which acted as a third party intervener in the case. In 2012, Professor Andrea Bianchi pronounced on EJIL Talk! that we finally had certainty…