International Law
International Human Rights Law
272 Articles
It’s a Serious Mistake for the US Government To Maintain It Need Not Follow Human Rights Law Beyond US Borders
[Editor’s Note: Just Security is holding a “mini forum” on the extraterritorial application of human rights treaties in light of the release of two State Department memos and…
Forum on the Extraterritorial Application of Human Rights Treaties: Analyzing the State Department Memos
The New York Times, in a must-read story by Charlie Savage, provides the full text of two significant memos written by Harold Koh during his time as Legal Adviser of the State…
The Extraterritoriality of Human Rights Obligations
Following my short post on the extraterritoriality of human rights obligations, and our series on lex specialis and the interface between the law of armed conflict and international…
Considering Jones v. UK Requires Reflection Not Knee-Jerk Reactions
Jones v. United Kingdom was handed down by the European Court of Human Rights (ECtHR) on Tuesday. It has already elicited a considerable amount of adverse commentary (here and…
European Court of Human Rights to Torture Victims: Get Lost
In a disappointing decision yesterday (Jones v. United Kingdom), the European Court of Human Rights upheld the immunity of states and state officials from civil suits for torture…
European Court of Human Rights: Foreign State Officials are Immune from Civil Suit for Torture (Jones v. United Kingdom)
The European Court of Human Rights has issued its long-awaited judgment in Jones v. United Kingdom. The case involves four British nationals who sued Saudi Arabia and Saudi officials…
Privacy and Data Collection/Retention in the EU: Villalón Opinion
On Thursday of last week, Advocate General Cruz Villalón (see here for a description of the role of the Advocate General and the non-binding nature of their Opinions) delivered…
International Human Rights Law and Preventive (Security) Detention: A European Exceptionalism?
1. Ryan Goodman is right when he states, in an earlier post on Just Security, that “a significant body of international human rights law clearly permits, and regulates, preventive…
Preview — Hassan v. UK
Tomorrow (December 11, 2013) the Grand Chamber of the European Court of Human Rights (the ECtHR) will hear the case of Hassan v. United Kingdom (Application No. 29750/09). The…
European Court Urged to “Break Conspiracy of Silence” on CIA Black Sites in Europe
On December 3, attorneys for two Guantánamo detainees argued before the European Court of Human Rights that Poland bears responsibility for the torture, disappearance, and unlawful…
Preventive Detention and Human Rights Law: A Way Out of Bagram or Another Dead End?
With the drawdown of US forces in Afghanistan, one of the thorniest problems involves the detention of individuals who cannot be criminally tried but nevertheless pose an acute…
Creative Ambiguity – International Law’s Distant Relationship with Peacetime Spying
In all the sound and fury over “five eye” intercept programs, commentators appear so far to have paid relatively little attention to international law. This is no simple…