Europe
331 Articles
European Court of Human Rights Rules on Amnesty and Double Jeopardy
On May 27th, the European Court of Human Rights ruled on one of the more contentious issues in the international criminal law and transitional justice sphere; namely whether political…
Assessing Serdar Mohammed through the Prism of Derogation and Detention
Last week the High Court of England and Wales, per Mr Justice Leggatt, delivered a comprehensive judgment in Serdar Mohammed v. Ministry of Defence [2014] EWHC 1369 (QB). The case…
A Roundup on European Union Responses to the Ukraine Crisis
The European Union (EU) has taken various kinds of action in response to the Ukraine crisis, mostly in the form of general support for the new Ukraine government and targeted…
Does IHL Need Human Rights Law?: The Curious Case of NIAC Detention
As Ryan noted last week, the United Kingdom’s High Court ruled in Serdar Mohammed v. Ministry of Defense that the United Kingdom’s 110-day detention of a suspected Taliban…
Legal Action Taken to Expose Denmark’s Role in US Targeted Killing Program
As reported in today’s Just Security Roundup, news this morning out of Denmark is that the Open Society Justice Initiative (OSJI) is pursuing a potential suite of legal actions…
Consequences of the Fact-Based Armed Conflict Test in Yemen’s Internal Armed Conflict
Ryan’s recent post about ongoing “drone strikes” in Yemen raises an issue that has troubled me for quite some time from a legal, policy, and advocacy perspective. In the…
Statelessness knocked on the head: House of Lords’ defeat for the UK Government’s citizenship-stripping proposal
As Steve Vladeck observed in one of his first posts at Just Security, citizenship-stripping proposals are a recurring feature in American politics and public discourse, especially…
European Court says Data Retention Directive is Invalid
Yesterday, the Grand Chamber of the Court of Justice of the European Union (CJEU) gave a compelling judgment in two joined cases: Case C-293/12 Digital Rights Ireland; Case C-594/12…
A Greek Precedent for the Russian Compliance Problem with the Council of Europe
Readers will recall that an early challenge to the resilience and capacity of the Council of Europe came in 1967 when a Greek military coup ushered in the Regime of the Colonels.…
In Defense of the Memoranda: A Reply to Ben Wittes
[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…
A Step in the Wrong Direction: The EU Parliament’s Drone Resolution
The European Parliament resolution on armed drones that calls, inter alia, for adoption of a common EU position on their use has ignited controversy. In particular, the resolution…
Too Much War, Not Enough Human Rights from the UN Special Rapporteur and European Parliament
Special Rapporteur on human rights and counterterrorism Ben Emmerson’s latest report and the European Parliament’s resolution on drones highlight some pressing issues. Most…