Europe
328 Articles
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…
The Political Support and Divisions Behind the European Parliament Resolution on Drones
By a large majority, the European Parliament yesterday passed a resolution condemning “the use of armed drones outside the international legal framework” and calling on the…
European Parliament Passes Resolution on Drones, Targeted Killings, and Fully Autonomous Weapons
In a landslide vote (534 to 49), the European Parliament has passed a Resolution on drones, targeted killings, and fully autonomous weapons. Stay tuned for a post from one of the…
CJEU’s Definition of “Internal Armed Conflict:” The Diakité Case
On January 30, the Court of Justice for the European Union discussed the criteria for determining when an internal armed conflict exists, and held that it does not require the…