Extraterritorial Application

Page 2 of 27

Filter category

Feature post image

Cyber Attacks and Cyber (Mis)information Operations during a Pandemic

Hot on the heels on the Oxford Statement on international law rules and principles relating to malicious cyber operations targeting healthcare facilities, just a quick teaser that the next episode of EJIL: The Podcast! will be dealing precisely with these types of cyber attacks – we will be recording it next week. In the meantime, readers might be interested in a new draft piece that Mike Schmitt and I have written on the topic. Here’s the abstract: The COVID-19 pandemic has been accompanied by reprehensible cyber operations directed against medical facilities and capabilities, as well as by a flood of misinformation. Our goal in this article is to map out the various obligations of states under general international law law and under human rights law with regard to malicious cyber and misinformation operations conducted by state and non-state actors during the pandemic. First, we consider cyber operations against health care…

Read more

M.N. and Others v Belgium: no ECHR protection from refoulement by issuing visas

 With its inadmissibility decision in M.N. and Others v Belgium delivered on 5 May 2020, the Grand Chamber of the ECtHR made it clear that individuals who apply for visas at embassies with the intention to seek protection, do not fall within the jurisdiction of the ECHR State Parties in the sense of Article 1 ECHR. As…

Read more

(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…

Read more

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…

Read more

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)…

Read more