European Court of Human Rights

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Grand Chamber Hearings and Preview of Al-Skeini and Al-Jedda

Today the Grand Chamber of the European Court of Human Rights held joint hearings in  Al-Skeini and others v. UK (no. 55721/07) and Al-Jedda v. UK (no. 27021/08) - webcast available here, statements of facts available here. It would be no exaggeration to say that these are some of the most important cases to come before the Court in recent years, with possibly wide-ranging implications, on matters ranging from the extraterritorial application of the ECHR and the use of force generally, to occupation and targeted killings, up to the responsibility of international organizations, the relationship between the ECHR regime and the UN Security Council under Article 103 of the Charter. The Court will probably deliver its judgments by the end of the year. Let me now try to provide a preview of some of the most important issues - particularly threshold issues - that that the two cases raise, and of the possible ways in which the Court might rule. (Again, apologies for a long post!)…

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Was Nuremberg a Violation of the Principle of Legality?

This is, remarkably, the question raised by yesterday's judgment of the Grand Chamber of the European Court of Human Rights in Kononov v. Latvia, App. No. 36376/04. In short, the applicant was a former Soviet partisan convicted by a Latvian court for war crimes, because during World War II he and the unit under his command killed a group…

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Al-Saadoon and Mufdhi Merits Judgment

The Al-Saadoon and Mufdhi v. United Kingdom (no. 61498/08) judgment by a Chamber of the European Court of Human Rights is now out (HUDOC). For our previous coverage, with links and background, see here and here. The shortest possible summary - the applicants won, and the Chamber judgment is a valuable contribution to human rights jurisprudence. Now…

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ECtHR Al-Saadoon Judgment Forthcoming on 2 March

A Chamber of the European Court will deliver its merits judgment in Al-Saadoon and Mufdhi v. United Kingdom (no. 61498/08), the case dealing with detention and non-refoulement in Iraq, on Tuesday 2 March (press release here). For our previous coverage, see here and here. For more in-depth analysis of the various issues in…

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Grand Chamber Judgment in Sejdic and Finci v. Bosnia

Update 6 September 2010 - see also this post. Appropriately enough in light of our recent discussions of international constitutionalism, today the Grand Chamber of the European Court of Human Rights delivered its judgment in the case of Sejdic and Finci v. Bosnia and Herzegovina (application nos. 27996/06 and 34836/06) (our previous coverage here; judgment here, but…

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