Inter-American Court of Human Rights

Page 6 of 6

Filter category

A Critical Assessment of Colombia’s Advisory Request before the IACtHR – and Why It Should Be Rejected

On 14 March 2016 Colombia filed an Advisory Opinion request before the Inter-American Court of Human Rights (IACtHR). The request poses three questions, which can be summarised as follows: The first question asks whether the American Convention on Human Rights (ACHR) entails extra-territorial obligations for a State when interpreted in light of a “treaty-based environmental protection system to which that State is a party [also],” and if it does, what are its incidences vis-à-vis the elements of state responsibility (attribution and breach). The second question is a restatement of the first one, but zeroes in on conduct of states that might do “serious damage to the marine environment” and the implications thereof for inhabitants of “the coast and/or islands of another State party” under articles 4(1) (right to life) and 5(1) (personal integrity) ACHR; in other words, the question enquires whether, and if so how, IHRL might serve as vehicle for the extra-territorial application of IEL. Building upon the ICJ’s environmental law developments in Pulp Mills, a final question enquires…

Read more

The Emerging Reparations Case-Law of the ICC Appeals Chamber in Comparative Perspective

Reparations for victims of international crimes or serious human rights violations have received increasing attention from international courts. The most recent example is the Judgment on the Appeals against the “Decision establishing the principles and procedures to be applied to reparations” rendered by the Appeals Chamber (AC) of the International Criminal Court (ICC) in Lubanga on 3…

Read more

The Successes and Challenges for the European Court, Seen from the Outside

Laurence R. Helfer is the Harry R. Chadwick, Sr. Professor of Law and Co-director of the Center for International and Comparative Lawat Duke University. Cross-posted on AJIL Unbound. In this post I wish to address the successes and challenges for the European Court of Human Rights (ECtHR), as…

Read more

More Human Rights Reforms Under Discussion

Readers interested in reform within the international human rights system, including the reform of the UN human rights treaty monitoring system previously discussed here, may be interested in yesterday’s announcement by the Inter-American Commission on Human Rights (IACHR), adding a regional dimension to discussions. The IACHR serves as the focal point…

Read more