Europe
328 Articles

Noor Khan: A missed opportunity?
Last week, the English Court of Appeal gave judgment in R (Noor Khan) v Secretary of State for Foreign and Commonwealth Affairs (full text). The claim was brought in an attempt…

A “Right to be Forgotten”
Readers may be interested in a past decision of the Italian Court of Cassation adjudicating whether former convicted terrorists have a “right to be forgotten.” The decision…

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…

EU parliamentary committee’s preliminary report on NSA surveillance
A European Union parliamentary committee has published its preliminary conclusions as part of its inquiry into surveillance of EU citizens by the NSA as well as surveillance bodies…

Up to Date with the EU on Data Protection: Canvassing Implications for the US
The EU’s justice and rights commissioner, Viviane Reding has recently warned that the U.S. needs to adjust its surveillance programs or risk freezing its data sharing arrangements…

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…