courts
742 Articles
Keeping K2 (European Human Rights Court Decision on Citizenship-Stripping) in Perspective
Yesterday, the European Court of Human Rights (ECtHR) in Strasbourg rejected as inadmissible an application by K2, a terror suspect born in Sudan but who acquired British citizenship…
European Court of Human Rights Decides UK Did Not Violate Human Rights When it Revoked Terror Suspect’s Citizenship
The European Court of Human Rights (ECHR) has ruled that there was no human rights violation in the United Kingdom’s decision to strip a terror suspect of his British citizenship…
Does Trump’s New Travel Ban Violate the Establishment Clause?
President Trump has signed a new travel ban. In some respects, the new executive order on immigration looks like the old one, which was held to be unconstitutional. So does the…
Why You Should Doubt Reports that the First Amendment Would Protect Gen. Flynn from Prosecution under the Logan Act
The Logan Act, a 1799 federal law that makes it a federal felony for a private person to engage in international diplomacy in a way that undermines U.S. foreign policy, has recently…
Ukraine v. Russia: Before the International Court of Justice
With all the news around President Donald Trump taking office, and the mass protests, controversial executive orders, and pending lawsuits that followed, it may have escaped notice…
To Detain Lawfully or Not to Detain: Reflections on UK Supreme Court Decision in Serdar Mohammed
The United Kingdom Supreme Court recently delivered a number of high profile and long-awaited decisions, Belhaj v Straw and Rahmatullah v Ministry of Defence, and the joined appeals…
UK Supreme Court allows claims to proceed against UK officials for complicity in CIA torture
Earlier this month, the UK Supreme Court unanimously ruled that claims against UK officials for complicity in torture, unlawful detention and rendition are not barred by State…
The UK Supreme Court’s Brexit Judgment: Implications and Unintended Consequences
The UK Supreme Court decision in the Brexit litigation on Tuesday is the most important judgment that the Court has delivered in its short history. Its 283 paragraphs will provide…
How the European Convention on Human Rights Limits Cooperation with the Trump Administration
On the campaign trail, Donald Trump repeatedly promised to keep the Guantanamo Bay detention facility open and to “load it up with some bad dudes.” He also pledged to bring…
The UK Supreme Court’s Landmark Judgment Belhaj v. Straw: A View From the United States
On Tuesday, the Supreme Court of the United Kingdom gave its judgment in Belhaj v. Straw and Rahmatullah v. Ministry of Defence, two human rights cases brought against UK officials…
UK Supreme Court Judgment on Extra-Territorial Detention in Iraq and Afghanistan
Today, the UK Supreme Court gave judgment (full text) in the joined appeals of Al Waheed v Ministry of Defence and Serdar Mohammed v Ministry of Defence (in which I represented…
UK Supreme Court Issues Two Major Decisions—On cooperation with CIA interrogations and on military detention
On Tuesday, the UK Supreme Court issued two important judgments, which will affect the power of the British government to carry out certain national security policies and, in turn,…