Extraterritorial Application

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(Not) Investigating Kunduz and (Not) Judging in Strasbourg? Extraterritoriality, Attribution and the Duty to Investigate

  A 2009 airstrike near Kunduz, Afghanistan, that led to more than 100 casualties and was ordered by a German colonel will be the subject of oral arguments in the Grand Chamber (GC) of the European Court of Human Rights (ECtHR) in the case of Hanan v. Germany, tomorrow, 26 February 2020. On 4 September 2009, German Colonel K., who headed the Provincial Reconstruction Team (PRT) in Kunduz, which formed part of the International Security Assistance Force (ISAF) troops, ordered an airstrike on a group of individuals that killed the eight- and twelve-year-old sons of the applicant, Mr. Hanan. They had assembled around two fuel trucks that were stolen by Taliban and perceived to be a threat to the PRT base. Mr. Hanan has asked the ECtHR to decide whether Germany violated its duty to investigate. Whether the Court will do so depends on its findings on jurisdiction and attribution. …

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Mandatory Derogation from Human Rights in Overseas Armed Conflicts? A Response to the Policy Exchange Proposals

    A recent paper published by Policy Exchange, Resisting the Judicialisation of War, sets out a range of policy and legislative proposals for the incoming UK government. In this blog post, I raise concerns over three recommendations in the paper. Contextualising the proposals In the background to the Policy Exchange paper is…

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The ECtHR on Disembarkation of Rescued Refugees and Migrants at Greek Hotspots

The storm-tossed question of disembarking rescued refugees and migrants The pressure of mass migration in the Mediterranean on EU sea-border states calls for other member states to contribute to humanitarian efforts at sea that respect the human rights of refugees and migrants. Article 98 of the United Nations Convention on the Law of the Sea (LOSC)…

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Turkey, Aggression, and the Right to Life Under the ECHR: A Reaction to Professor Haque’s Post

Professor Haque yesterday published a thought-provoking piece on this blog arguing that the Turkish incursion against Kurdish forces in Syria, beyond being a violation of the UN Charter, also amounts to a violation of the right to life under the ECHR. His reasoning, which is sound, is based on the Human Rights Committee’s rather controversial new…

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Turkey, Aggression, and the Right to Life Under the ECHR

Turkey’s latest invasion of Syria violates the prohibition of interstate armed force. It cannot be justified by Turkey’s right of self-defense (see here and here). What follows? Among other things, each and every person killed by Turkish forces and agents is killed in violation of her human right to life.

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