Non-State Actors

On 23 February 2022, the European Commission (EC) published a proposal for a directive on corporate sustainability due diligence (proposal). The proposal has already attracted much scholarly and stakeholder commentary. In this blog we focus on two significant issues not yet addressed. First, the proposal does not  refer to European regional human rights instruments such as the…

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…

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…

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…