Extraterritorial Application

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The Law and Tech of Two Targeted Killings

The New York Times recently published two fascinating pieces on two separate instances of targeted killings. The first is on the tragic denouement of the 20 years of US presence in Afghanistan – a drone strike conducted on 29 August by the US military in Kabul, purportedly against terrorists planning a second deadly attack against the international airport there. Instead of terrorists, however, the drone strike killed 10 civilians, including seven children; Zemari Ahmadi, the driver of the car struck by the drone was in fact an aid worker for a US NGO, who had hoped to seek asylum in the United States. The US military admitted its error after an investigation by the Times and journalists on the ground. The second piece is a detailed exposé of the 27 November 2020 assassination by Israeli agents of Mohsen Fakhrizadeh, the scientist leading the Iranian nuclear programme. This was the culmination of a series of such targeted killings of scientists involved in the Iranian nuclear programme,…

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European Court Finds Russia Assassinated Alexander Litvinenko

On Tuesday a Chamber of the European Court of Human Rights found Russia responsible for violating the right to life of Alexander Litvinenko, the former Russian spy poisoned with radioactive polonium in London in 2006 (Carter v. Russia, no. 20914/07, 21 September 2021). The Court found Article 2 ECHR to have been violated in both its substantive…

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The Endless War Against Human Rights in Afghanistan: Human Rights Defenders’ Joint Statement of Solidarity with the People of Afghanistan

Today, the 31st of August 2021, marks the official deadline for withdrawal of United States troops from Afghanistan after twenty years of military presence initially motivated by the 9/11 attacks of Al Qaeda and Osama Bin Laden.  Many have written (including Henry Kissinger) about the failures of American foreign policy and its efforts at nation-building…

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Russia Files Interstate Complaint Against Ukraine in Strasbourg

This, I think, is a first – after many years of being sued by other states (most notably Ukraine and Georgia) before the European Court of Human Rights and other international courts and tribunals, Russia has struck back last week by filing an interstate application of its own against Ukraine (no. 36958/21). Here’s an excerpt from the Court’s…

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SCOTUS Further Narrows Parent Corporate Liability under the Alien Tort Statute: Ambiguities and Evidentiary Thresholds in the June 2021 Judgment in Nestle USA Inc. v. Doe et al.

Introduction On June 17, 2021, the Supreme Court of the United States issued its decision in Nestle USA, Inc. v. Doe, __ S. Ct. __ (2021), which involved six former child slaves (“Respondents”) who had been kidnapped and forced to work on cocoa farms in the Ivory Coast. Nestle USA, Inc. and Cargill, Inc. (together, “Petitioners”) purchased, processed,…

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