International Covenant on Civil and Political Rights

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The subtle erosion of democracy in Latin America: the case of Lula in the Human Rights Committee

On 12 March 2022, the Human Rights Committee delivered its views on the complaint filed by Luiz Inácio Lula da Silva, former President of the Federal Republic of Brazil who was imprisoned in 2018 in the context of the anti-corruption operation known as ‘Operation Car Wash (in Portuguese, ‘Operação Lava Jato’). The representatives of Lula asked the Committee to find that Brazil had violated his rights against arbitrary deprivation of liberty, the right to a fair trial, the right to presumption of innocence, the right to privacy, and his political rights (Articles 9(1), 14(1) and (2), 17, and 25 of the International Covenant on Civil and Political Rights). The Committee’s majority (15 against 2) found that the acts of the Brazilian State in the course of Operation Car Wash indeed violated the aforementioned articles of the Covenant (hereinafter ICCPR). It concluded that former President Lula had not been tried by an impartial tribunal, that his 580 days of arrest amounted to a wrongful imprisonment, and that Brazil had violated the Covenant by…

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Prosecuting Atrocity Crimes Committed in Northern Ethiopia: The Need for Special National Prosecution Mechanism

Over the last four years, serious human rights violations and abuses, have been committed in Ethiopia in and outside of the context of an armed conflict. These violations may constitute international crimes, such as crimes against humanity, war crimes and torture. The situation particularly worsened and garnered international attention after an armed conflict broke out in Tigray on…

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The Law and Tech of Two Targeted Killings

The New York Times recently published two fascinating pieces on two separate instances of targeted killings. The first is on the tragic denouement of the 20 years of US presence in Afghanistan – a drone strike conducted on 29 August by the US military in Kabul, purportedly against terrorists planning a second deadly attack against…

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The Endless War Against Human Rights in Afghanistan: Human Rights Defenders’ Joint Statement of Solidarity with the People of Afghanistan

Today, the 31st of August 2021, marks the official deadline for withdrawal of United States troops from Afghanistan after twenty years of military presence initially motivated by the 9/11 attacks of Al Qaeda and Osama Bin Laden.  Many have written (including Henry Kissinger) about the failures of American foreign policy and its efforts at nation-building…

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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…

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