Non-State Actors

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“Friends of the court” making the most of Amicus Curiae with UN Treaty Bodies

The practice of submitting Third Party Interventions (TPIs) – also known as Amicus Curiae briefs - is well established in Commonwealth jurisdictions, and it has become common practice within regional mechanisms such as the Inter-American and European Courts of Human Rights, and the African Court on Human and Peoples’ rights. Similarly, most of the eight UN Treaty Bodies (UNTBs) mandated to review individual communications (ICs) have also received TPIs. Although the amount of TPIs submitted to the UNTBs is nowhere commensurate to those submitted to regional courts, it is growing. A new resource published by the International Service for Human Rights (ISHR) with support from international law firm DLA Piper provides guidance to potential authors.

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The International Law of Intelligence Sharing in Multinational Military Operations: Concluding Thoughts

Having canvassed the various conceptual questions of state complicity in the prior posts in the series, we can now return to the two basic intelligence sharing scenarios I outlined in my first post – the sharing of intelligence facilitating a wrongful act, and the receipt of intelligence that was unlawfully collected and/or shared. In both scenarios the causal…

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The International Law of Intelligence Sharing in Multinational Military Operations: State Fault in Complicity

In my previous post in the series I explained how the fault element of state complicity rules is the single most important determinant of the scope of these rules, in the intelligence sharing context or otherwise. In this post I will elaborate on the different possible modes of fault, starting with the question of how fault…

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The International Law of Intelligence Sharing in Multinational Military Operations: Framing Complicity

In my first post in the series I explained how intelligence sharing can be contrary to international law either because it transgresses a rule that directly prohibits the sharing of intelligence as such, or because of complicity in a partner’s wrongful act. Let us now start examining the problems of complicity in more…

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State-Empowered Actors in the European Court of Human Rights – State Sovereignty and Council of Europe Authority

  Human rights conventions constitute a particular category of international law in respect of which individuals, exceptionally, are empowered to act because of their status as rights holders. Nowhere is this more evident than in regional bodies, such as the Council of Europe, which are founded on human rights conventions the ratification of which is a necessary criterion…

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