Terrorism

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Repatriating the Children of Foreign Terrorist Fighters and the Extraterritorial Application of Human Rights

UPDATE: The CRC admissibility decision referred to in the post is no longer publicly available via ODS. I am unsure as to why that’s the case. Readers can find it here. Now that we have all (sort of) recovered from the US elections, back to our regular programming: last week the UN Committee on the Rights of the Child published its views in a major case (L.H. et al v. France, communications No.79/2019 and No. 109/2019, CRC/C/85/D/79/2019–CRC/C/85/D/109/2019), finding that France (and, accordingly, other similarly situated states) had jurisdiction over children in Kurdish-controlled camps in Syria who are French nationals, and are there because of their parents’ involvement with ISIS. The upshot of the (unanimous) decision is that states of nationality have the positive obligation to protect the human rights of child nationals in the Syrian camps, despite the fact that these camps are under the control of a non-state armed group. And while the decision was nominally on the jurisdictional issue only, it is inevitable that the Committee will…

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Does the FARC still exist? Challenges in Assessing Colombia’s ‘Post Conflict’ under International Humanitarian Law

Three years ago last month, the Revolutionary Armed Forces of Colombia (FARC) guerrillas formally completed demobilization, marking the end of their 53-year conflict with the Colombian government. Over 10,000 FARC members demobilized and handed in weapons in a process verified by a United Nations mission in the country. Nonetheless, some FARC fighters rejected…

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Counter-terrorism control orders come to Switzerland: is assigned residence for ‘potential terrorists’ compatible with art. 5 ECHR?

The legislative responses to terrorist violence in Europe over the past several years have shown a new trend of circumventing proper judicial review and protections of criminal law by relying on ‘administrative measures’. Broadly, such measures can be defined as restrictions of a non-criminal nature, ordered by the executive in the name of terrorism prevention, and…

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Green Light from the ICJ to Go Ahead with Ukraine’s Dispute against the Russian Federation Involving Allegations of Racial Discrimination and Terrorism Financing

  On 8 November 2019, the ICJ delivered its highly anticipated judgment in Ukraine v Russia on the preliminary objections raised by the Russian Federation with respect to the Court’s jurisdiction and the admissibility of Ukraine’s claims under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) and the International Convention for the…

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International Law and Maritime Terrorism

  The death of the Islamic State’s (IS) leader (27 October 2019), Abu Bakr al-Baghdadi, in a US operation in Syria has again put international terrorism at the centre stage. Precisely, this blog post discusses a manifestation of international terrorism: maritime terrorism. As evidenced below, analyses of maritime terrorism are relevant in international law and policy. Yet,…

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