European Convention on Human Rights
38 Articles

Latest UK Judgment on Post-Snowden Surveillance
On June 22, the UK’s Investigatory Powers Tribunal (IPT) gave its latest judgment in the post-Snowden surveillance litigation brought by several NGOs against the UK Government…

Britain’s Al-Saadoon Case: A Matter of Human Rights Law and the use of Military Force Overseas
In March, the High Court of Justice of England and Wales found that the United Kingdom’s obligations under the European Convention on Human Rights (ECHR) can be activated extraterritorially…

Polish Outrage to Paying Victims of CIA Black Sites—and What the Eur Court Said
Poland will be paying a quarter of a million dollars to two Guantánamo detainees, Abu Zubaydah and Abd al-Rahim al-Nashiri. The payment arises in the context of the torture of…

The Accountability Matrix Widens: Torture, Black Sites and the European Convention
Long awaited decisions by the European Court of Human Rights emerged last week (initially reported here) that substantially address torture and the complicity of European states…

Hearing Begins in New Surveillance Litigation against UK Security Services
The claim brought by Liberty, the British civil liberties’ organisation, against Government Communications Headquarters (GCHQ), the Security Intelligence Services and the…

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…

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…

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…

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…

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…

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…