European Court of Human Rights (ECHR)

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Turkish military tanks drive past the town of Ariha on the M4 highway in Syria's rebel-held northwestern Idlib province on May 7, 2020.

Turkey Opened the Door to the European Court of Human Rights for Syrian Victims

With Turkey's occupation of parts of northern Syria, a new venue may now be available to victims: the European Court of Human Rights.
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Blocking or Aiding Asylum Seekers? The U.S.-Canada “Safe Third Country” Agreement and Examples from Europe

The Trump administration's new asylum regulation attempts an end run around the statutory requirements of an actual “Safe Third Country” agreement. Here's how such an agreement…
People demonstrate to support the Polish Supreme Court Justice president in front of the Supreme Court building, on July 4, 2018 in Warsaw.

To Wrest Back Rule of Law in Poland, Might EU Bureaucracy Finally Work?

After years of flailing in efforts to curb Poland’s government from eviscerating the rule of law, an arcane element of the European Union structure might actually be working…

The “ISIS Beatles” and “Non-Territorial” Application of the European Convention of Human Rights

The “ISIS Beatles” litigation in UK courts raises important issues about the geographic reach and content of human rights obligations, in particular those in the European Convention…
A poster in the courtyard of the City Hall in the southwestern French city reads, “Liberte pour Asia Bibi Condamnee a mort pour blaspheme au Pakistan.”

Criminalizing Speech to Protect Religious Peace? The ECtHR Ruling in E.S. v. Austria

It is 2008. A far-right party in Austria hosts seminars that are free to attend and advertised to the public. The subject of one such seminar series is “Basic Information on…

Accountability Fatigue: A Human Rights Law Problem for Armed Forces?

Brigadier-General (ret.) Ken Watkin in conversation with General (ret.) David Petraeus' remarks about human rights law and military policies.

Trump Gets “Presumption of Innocence” Wrong on Saudi Responsibility for Khashoggi Disappearance

President Donald Trump has weighed in several times in recent days on the disappearance of Jamal Khashoggi in ways that seem intended to minimize Saudi Arabia’s responsibility,…
Political activist Katharina Nocun, speaking under a banner that reads: "No to a German NSA" and showing a picture of U.S. whistleblower Edward Snowden, leads a protest against pending legislation expanding the legal surveillance capabilities of Germany's Federal Intelligence Service (Bundesnachrichtendienst, or BND) outside the Reichstag on September 26, 2016 in Berlin, Germany. Protesters behind her hold additional signs.

On Big Brother Watch v. U.K.: The Future of Surveillance at Two Europe-Wide Courts

A recent opinion by the European Court of Human Rights was more limited than recent decisions concerning surveillance. The European Court of Justice should seize the opportunity…

New U.K. Law Fails European Court Standards on Mass Interception Disclosed by Snowden

The U.K. government trots out its new surveillance legislation as curing the ills identified by the European Court of Human Rights. That's not the case. The Court’s judgment…

Legitimizing Foreign Mass Surveillance in the European Court of Human Rights

The European Court of Human Rights (ECtHR) is beginning to weigh in on a sweep of legislation passed, in recent years, that authorizes bulk interception of foreign communications…

Closing the Loop: Sabrina De Sousa Pardoned for Role in CIA Torture and Rendition

Just a quick note to close the loop on the Sabrina De Sousa case, which I discussed in greater detail here.  On the day before she was to be extradited to Italy from Portugal,…

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…
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