European Court of Human Rights

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Waiting for the Als…

This week will mark a full year since the Grand Chamber of the European Court of Human Rights held oral hearings in Al-Skeini and Al-Jedda (see my preview here) - and still no judgment(s). I'm pretty sure that's some kind of record. And so we wait... In all fairness to the Court, the probable reason for the delay is that other cases have popped up at the same time, cases which overlap to a significant extent with Al-Skeini and Al-Jedda, and which therefore call for a coherent and systematic solution. Think for example of Nada v. Switzerland, heard only a few months ago, and like Al-Jedda dealing with Security Council sanctions. Also, later this month the GC will be holding hearings in Hirsi v. Italy, in which at issue is the extraterritorial application of the ECHR to illegal immigrants intercepted on the high seas by Italian warships (cf. Medvedyev v. France). It's no wonder the Court is taking its time, and of course there may be quite a bit of disagreement among the judges…

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A Comment on Lautsi

Dr Lorenzo Zucca is Reader in Jurisprudence at the King's College London School of Law. Jesus can be left hanging:  A Pontius-Pilate-like Strasbourg Court decided not to remove him from the cross – pardon, from the wall of Italian classrooms.  In more technical jargon, yesterday the Grand Chamber of the ECHR reversed the decision of the second…

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Two New Decisions on Subject-Matter Immunity, Torture and Extrajudicial Killings

 Lorna McGregor, Senior Lecturer, School of Law, University of Essex. Her publications include: Torture and State Immunity: Deflecting Impunity, Distorting Sovereignty’, 18 European Journal of International Law 903 – 919 (2007) and ‘State Immunity and Jus Cogens’, 55(2) International and Comparative Law Quarterly 437 – 445 (2006)  2011 is already proving to be an eventful year…

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More on Nada v. Switzerland

As our readers are aware, currently pending before the Grand Chamber of the European Court of Human Rights is the fascinating case of Nada v. Switzerland.  It concerns an Italian national resident in the Italian enclave of Campione in Switzerland, who was placed at Switzerland's request on a terrorist suspect list by the UNSCR 1267 Committee, and subjected to targeted…

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ECHR Grand Chamber to Hear Case Challenging Legality of UN Security Council Sanctions

The Grand Chamber of the European Court of Human Rights (ECHR) has been asked to decide a case which challenges the legality of national measures implementing Security Council measures taken against persons associated with the Taleban and Al Qaeda. The chamber to which the case - Nada v. Switzerland (application no. 10593/08) - was  originally allocated has now relinquished jurisdiction…

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