Extraterritorial Application

Page 1 of 26

Filter category

Feature post image

Attribution, Jurisdiction, Discrimination, Decapitation: A Comment on Makuchyan and Minasyan v. Azerbaijan and Hungary

You know how, every once in a while, you read a case that has everything? I mean really everything? Great facts. Grisly facts even, for those so inclined – say involving a beheading by a state agent. Great law. Not just some genuine legal innovation worthy of scholarly commentary – that’s fine obviously, but not all that uncommon. I mean proper, nerdy, esoteric legal stuff. It doesn’t have to be hugely important; it doesn’t have to concern the world’s most powerful states and its most pressing issues; but it still sticks in your head, it really does. And thank God it’s not about Covid. That’s the kind of case I mean. So let me tell you about one such case that has everything – Makuchyan and Minasyan v. Azerbaijan and Hungary, a Chamber judgment of the European Court of Human Rights, decided last month. As we will see, while focused primarily on the substantive and procedural obligations of states arising from the right to life, the case also raises significant systemic questions of…

Read more

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…

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
  • Page 1 of 26
  • Last