Targeted Killings

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EJIL: The Podcast! Episode 12 – “No Licence to Kill”

In this episode, Marko Milanovic, Philippa Webb and I discuss the legal issues that arise from targeted killings conducted by states outside their territory. We begin with a discussion of the recent blockbuster judgment of the European Court of Human Rights in the case concerning Alexander Litvinenko (Carter v. Russia, no. 20914/07, 21 September 2021). In that decision, a Chamber of the Court found Russia responsible for violating the right to life of Litvinenko, the former Russian spy who was poisoned with radioactive polonium in London in 2006. We talk about how the Court dealt with the attribution of the killing to Russia and then explore the extraterritorial application of human rights treaties obligations - a question on which many courts and treaty bodies have given inconsistent answers. The podcast then moves on to the legal issues that would arise if the courts of the…

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The Law and Tech of Two Targeted Killings

The New York Times recently published two fascinating pieces on two separate instances of targeted killings. The first is on the tragic denouement of the 20 years of US presence in Afghanistan – a drone strike conducted on 29 August by the US military in Kabul, purportedly against terrorists planning a second deadly attack against…

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European Court Finds Russia Assassinated Alexander Litvinenko

On Tuesday a Chamber of the European Court of Human Rights found Russia responsible for violating the right to life of Alexander Litvinenko, the former Russian spy poisoned with radioactive polonium in London in 2006 (Carter v. Russia, no. 20914/07, 21 September 2021). The Court found Article 2 ECHR to have been violated in both its substantive…

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Extraterritorial Investigations in Hanan v. Germany; Extraterritorial Assassinations in New Interstate Claim Filed by Ukraine against Russia

In this post I will discuss two recent developments on the extraterritoriality of human rights front – the judgment of the Grand Chamber of the European Court of Human Rights in Hanan v. Germany, no. 4871/16, on the compliance with Article 2 ECHR of the investigation by German authorities into the Kunduz incident in Afghanistan,…

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Amicus Curiae Brief re MH17; Human Rights Committee on Search and Rescue at Sea

Recent weeks have been something of an extraterritoriality extravaganza. So let’s continue with that theme, hopefully not ad nauseam. First, readers might be interested in the amicus curiae brief that my colleague Sangeeta Shah and I co-authored and which we submitted this week to the European Court of Human Rights in…

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