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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 subject to limited judicial review. European governments now have the powers to prohibit individuals from leaving and returning to their country of residence, deprive them of citizenship on new grounds, issue ‘control orders’ – restrictions on individuals’ freedom of movement, e.g. night curfews, assigned residence, obligation to report – all enforced outside the normal criminal process. Counter-terrorism powers in Switzerland have been ramped up as well in light of the threat posed by ‘terrorism with its new jihadist face’ in Europe (and despite the absence of terrorist attacks on Swiss soil). In 2015 the government adopted a strategy, which was followed by a steady increase in the number of…

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We Can’t Breathe: UN OHCHR Experts Issue Joint Statement and Call for Reparations

No one on this planet could have failed to see the 8 minutes and 46 seconds in which George Floyd was killed. The United States signed the International Covenant on the Elimination of All Forms of Racial Discrimination in 1966, ratifying the same in 1994.  Article 2 of ICERD contains fundamental obligations assumed by parties to…

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The USA and the World Health Organization: What has President Trump actually decided and what are its consequences?

On Friday 29 May 2020, during a press statement denouncing China’s alleged “total control” of WHO, President Trump declared that “because they [WHO] have failed to make the requested and greatly needed reforms, we will be today terminating our relationship with the World Health Organization and redirecting those funds to other worldwide and deserving, urgent global public health…

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A State is a State is a State? Some Thoughts on the Prosecutor’s Response to Amici Briefs on Territorial Jurisdiction – Part II

In Part Two of this blog, I turn to the second of the Prosecutor’s arguments in favour of the Court’s territorial jurisdiction with regard to the “Situation in Palestine”. This is that Palestine is a State irrespective of its status as a party to the Statute. However, the Prosecutor seeks to nuance her position by arguing that Palestine…

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EJIL: Live! - Episode 2

A new episode of EJIL: Live!, the Journal’s official podcast, is now available. Episode 2 of EJIL: Live! features an extended “Fireside Chat” between the Editor-in-Chief of the Journal, Professor Joseph Weiler, and Oliver Diggelmann (University of Zurich) and Tilmann Altwicker (University of Basel), whose article “How is…

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Arbitral Controls and Policing the Gates to Investment Treaty Claims against States in Transglobal Green Energy v. Panama and Philip Morris v. Australia

Investor-State arbitral tribunals are increasingly policing the gates to investment treaty claims against States. The initiation of investment treaty claims against States remains subject to a high threshold of good faith against possible abuse of process by investors, as recently stressed by arbitrators Dr. Andres Rigo Sureda (President),…

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To Reform the World: International Organizations and the Making of Modern States - A Reply to the Discussants

Earlier this month we hosted a discussion of Guy Fiti Sinclair’s book, To Reform the World: International Organizations and the Making of Modern States. Below is Guy’s reply to the discussants. We are grateful to all of the participants for their role in this discussion…

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20th Anniversary of the UN Convention on the Rights of the Child

Today marks the 20th anniversary of the adoption by the UN General Assembly of the Convention on the Rights of the Child. The Convention has become the most widely ratified treaty after the Geneva Conventions of 1949 (which have 194 States Parties). There are now…

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Another Challenge for Colombia’s Transitional Justice Process: Aggravated Differential Treatment between Armed Forces and FARC

A new proposal for a constitutional amendment has caused another highly controversial debate in Colombia. The proposal foresees the creation of “special chambers” within the Colombian Special Jurisdiction for Peace (Jurisdicción Especial para la Paz, SJP) with the exclusive competence to try members of the…

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Non-State Actors and Non-Refoulement: The Supreme Court’s Decision in Zain Taj Dean

Lord Advocate v. Zain Taj Dean [2017] UKSC 44 concerned an extradition request, made by the Republic of China in Taiwan (‘ROC’). Dean, a British national, had lived in Taiwan for many years. In 2011, he was convicted for manslaughter, drunk-driving and leaving the scene of an…

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Dapo Akande

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