International Covenant on Civil and Political Rights

Page 10 of 11

Filter category

Foreign Surveillance and Human Rights: Introduction

The past few weeks have seen increasing discussions of how human rights treaties might apply to mass electronic surveillance programs as run e.g. by the NSA and GCHQ or the agencies of the other ‘Five Eyes’ countries. Indeed, the already is or soon will be pending litigation challenging the compatibility of these programs with privacy guarantees under the relevant human rights treaties or under domestic constitutional law. Some of these cases are likely to proceed to an examination of the merits, particularly in Europe, where standing, state secrets and political question doctrines are either non-existent or are not as onerous for applicants to overcome as they are in the United States. Similarly, the UN General Assembly is currently considering a proposed joint German-Brazilian resolution that would affirm the relevance of the right to privacy in the context of mass electronic surveillance (reports here and here). The draft resolution directly relies on Article 17 ICCPR, under which ‘[n]o one shall be subjected to…

Read more

The Extraterritorial Seizure of Individuals under International Law – The Case of al-Liby: Part II

In this second of two posts I intend to continue the analysis of the extraterritorial seizure of individuals under international law, with a particular focus upon the recent arrest, detention and now trial of the al-Qaida leader al-Liby by the United States, who was wanted in connection with the bombings of the US embassies in Kenya and Tanzania…

Read more

Surveillance without Borders: The Unlawfulness of the NSA Panopticon, Part II

This is Part II of a post assessing the international law implications of the U.S. National Security Agency's global spying program. Part I focused the general international law implications of the program. This part focuses on potential violations of human rights law and breaches of the law of diplomacy. Constitutional fundamental rights binding the…

Read more

Surveillance Without Borders? The Unlawfulness of the NSA-Panopticon, Part I

Introduction: The draft GA resolution on privacy on the Internet At the end of October 2013, a draft General Assembly resolution calling for the right to privacy on the Internet was sponsored by Brazil and Germany. (photo: a panopticon, credit) The draft resolution reaffirms the human right to…

Read more

Freedom of Religion and Religious Symbols: Same Right – Different Interpretation?

Stephanie E. Berry is Lecturer in Public Law at the University of Sussex. As the debate over the wearing of religious attire in State institutions in Western Europe has reignited over previous weeks, it is pertinent to consider the protection provided under international law to those who wish to exercise this element…

Read more