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Part III: Due Diligence and COVID-19: States’ Duties to Prevent and Halt the Coronavirus Outbreak

  In Parts I and II of this blog post, we presented some of the most relevant international obligations to prevent and halt the COVID-19 outbreak, and to mitigate its disastrous effects on peoples’ lives and the functioning of our society. Part III, in their light, assesses some of the measures States have adopted prior to and during the early days of the crisis, according to available media and official reports. As we have shown in Parts I and II of the post, international law provides for at least five different sets of ‘due diligence’ obligations which require States to take all feasible measures to contain the COVID-19 outbreak and prevent the virus from spreading even further. These are: a) the no-harm principle, which imposes on all States a duty to prevent, halt and redress the outbreak to the extent that it risks causing significant transboundary harm in the territory of other States; b) the obligation to protect and ensure the right to life, which lays down a positive…

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Part II: Due Diligence and COVID-19: States’ Duties to Prevent and Halt the Coronavirus Outbreak

In Part I of this post, we discussed the extent to which the no-harm principle and the rights to life and health require States to prevent and stop the COVID-19 outbreak. In this second part, we will assess the extent to which the International Health Regulations, as well as the obligations arising in the event of…

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Part I: Due Diligence and COVID-19: States’ Duties to Prevent and Halt the Coronavirus Outbreak

This is a 3-Part post on the international legal framework relevant to the prevention of, response to and mitigation of the global public health crisis engendered by the outbreak of COVID-19 — the disease caused by the novel coronavirus. Part I introduces the concept of due diligence which characterises the said legal framework and looks at relevant…

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(Not) Investigating Kunduz and (Not) Judging in Strasbourg? Extraterritoriality, Attribution and the Duty to Investigate

  A 2009 airstrike near Kunduz, Afghanistan, that led to more than 100 casualties and was ordered by a German colonel will be the subject of oral arguments in the Grand Chamber (GC) of the European Court of Human Rights (ECtHR) in the case of Hanan v. Germany, tomorrow, 26 February 2020. On 4 September…

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Mistakes of Fact When Using Lethal Force in International Law: Part III

  To briefly recapitulate our examination of mistake of fact when using lethal force in various sub-fields of international law: such a doctrine is, in its purely subjective form, black letter law in international criminal law. It is also established (even if not labelled as such) in international human rights law and (somewhat less clearly) in international humanitarian…

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