Right to Life

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Drowning Migrants in the Mediterranean and the ICCPR, Again

Last week 130 migrants perished off the coast of Libya, as their rubber boat capsized in the stormy Mediterranean. Some 750 migrants have died this year in trying to make the crossing. (See here for the IOM report, and here and here for the recent posts we had on this topic by Guy Goodwin-Gill, and Niamh Keady-Tabbal and Itamar Mann). There is little I can usefully add here in discussing a human tragedy such as this one – again, again and again. But I was particularly struck by the following passage from the Guardian’s report on the incident, in light of the Human Rights Committee’s recent decisions regarding Italy and Malta and the extraterritorial application of the duty to protect life under the International Covenant on Civil and Political Rights: [The NGO] Alarm Phone said: “The people could have been rescued but all authorities knowingly left them…

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Drowning in the Mediterranean: Time to think and act regionally

Europe, that is, the EU and its institutions, currently asserts the right to manage the movement of people across the Mediterranean, and with that comes responsibility, for special protection is owed to those whom it would manage. ‘Responsibility’ is multi-dimensional. Fault, in the sense of wilful or negligent conduct, may be relevant; or responsibility may follow from the…

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Drowning Migrants, the Human Rights Committee, and Extraterritorial Human Rights Obligations

In this post I will analyse more extensively the two decisions of the UN Human Rights Committee that I flagged previously (A.S. and others v. Malta, CCPR/C/128/D/3043/2017 ; A.S. and others v. Italy, CCPR/C/130/DR/3042/2017), dealing with the failure of Malta and Italy to rescue a group of more than 200…

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Extraterritorial Investigations in Hanan v. Germany; Extraterritorial Assassinations in New Interstate Claim Filed by Ukraine against Russia

In this post I will discuss two recent developments on the extraterritoriality of human rights front – the judgment of the Grand Chamber of the European Court of Human Rights in Hanan v. Germany, no. 4871/16, on the compliance with Article 2 ECHR of the investigation by German authorities into the Kunduz incident in Afghanistan,…

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Some Vaccination Questions, Ethical and Legal

It’s difficult to think of a more pressing problem today than how scarce coronavirus vaccines should be distributed between and within states. Newspapers are full of discussions of ‘vaccine nationalism,’ of the EU-UK-Astra Zeneca row, or of the limited availability of vaccines in the developing world. For us as international lawyers, obviously, the further issue – one to…

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