Treaties
265 Articles
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…
Koh on Non-Refoulement
[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…
Forum on the Extraterritorial Application of Human Rights Treaties: Analyzing the State Department Memos
The New York Times, in a must-read story by Charlie Savage, provides the full text of two significant memos written by Harold Koh during his time as Legal Adviser of the State…
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…
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…
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…
Major New Step Forward For International Debate on Autonomous Weapons Systems
Today, the 117 state parties to the Convention on Certain Conventional Weapons (CCW) agreed to hold the first ever intergovernmental meeting on autonomous weapons systems. The…
Why Killing Terrorists Creates Long-Term Due Process Obligations and What Happens When these Debts Become Due
In July 2013 the European Court of Human Rights (ECtHR) found the United Kingdom in violation of its investigative obligations under Article 2 of the European Convention on Human…
Bond v. United States and a Plain Statement Rule
The old adage, “bad facts make bad law,” threatens to reassert itself in an especially damaging fashion in Bond v. United States, a case now before the Supreme Court in which…