International Human Rights Law

A number of us -- me, Aurel Sari, Eliav Lieblich, Andrew Bell, Sasha Greenawalt, Craig Martin, Ed Swaine -- have been having an interesting discussion on Twitter about two important issues concerning the use of force. The first is when IHL begins to apply in an IAC. The traditional position is that any use of interstate force triggers IHL and...

[Dr. Jule Giegling is a Research Associate at the Ruhr-University Bochum as well as at Kümmerlein Rechtsanwälte mbB.] On 14 September 2020 the Co-Facilitators of the General Assembly’s Treaty Body Review 2020 issued their final report on the findings of the approximately six month co-facilitation process concerned with the strengthening of the UN human rights treaty body system (accessible here). The Treaty Body Review, which was...

A few days ago, I had the pleasure of giving an online lecture for the Iranian Center for International Criminal Law about the relationship between the US and the ICC. In the lecture, I trace the evolution of the US-ICC relationship and try to predict what that relationship will look like under President Biden. I also speculate about why Trump has...

[Assistant Professor at the Poznań Human Rights Centre, Institute of Law Studies of the Polish Academy of Sciences.] The Trump administration’s ‘family separation policy’ has been widely reported and criticized (see for example here and here). Recently, the public learned of the policy’s horrible long-term effects: in October 2020, the American Civil Liberties Union (ACLU) revealed that parents of 545 children...

[Lys Kulamadayil is a SNSF Post-Doctoral Research Fellow at the Amsterdam Center for International Law.] Is the handshake between men and women a protected social practice under the German constitution and if so, should persons who refuse to shake hands be denied citizenship? A recent judgment by the Administrative Court of Baden-Württemberg affirming German authorities’ decision to deny a Muslim man German citizenship...

[Justin M. Loveland is a freelance legal consultant in public international law, transitional justice, and international human rights, currently working as Senior Legal Consultant to the Truth, Reconciliation and National Unity Commission of Seychelles.] For the perhaps small percentage of the world that can place Seychelles on a map, the 115 islands northeast of Madagascar form a paradisiacal archipelago of white sandy beaches whose main offerings...

[Pranay Lekhi is a Legal Advisor – Not Admitted UK – at Allen & Overy, London. He graduated first-class from the University of Cambridge with a specialization in International Law. Views are strictly personal.] On October 7 2020, the Supreme Court of India held that public places cannot be occupied indefinitely while exercising the right to peacefully protest (para 17). The judgement has...

[Alessandro Pizzuti is co-founder of UpRights. Prior to forming UpRights, Alessandro worked as a legal officer at the Special Tribunal for Lebanon as well as at the International Residual Mechanism for International Criminal Tribunals, the International Criminal Tribunal for the Former Yugoslavia, and the International Criminal Tribunal for Rwanda.] On 14 October 2020, the Libyan Government of National Accord (GNA) announced...

[Eve Massingham is a Senior Research Fellow with the School of Law at The University of Queensland.] Over the coming months there will be considerable attention, both in Australia and internationally, on the findings of the Brereton Inquiry into crimes alleged to have been committed by Australian special forces operating in Afghanistan between 2005 and 2016. The report specifically identifies 19...

By Karolína Babická, ICJ Legal Adviser The EU Counter-terrorism Directive On 15 March 2017 the European Union (EU) adopted EU Directive 2017/541 on Combatting Terrorism (“the Directive”)with a deadline for transposition into domestic law of 8 September 2018. The Directive aims principally to extend the scope of application of criminal law by Member States to terrorism related threats and activity within the EU. In...

[David Matyas is a PhD Candidate and Gates Cambridge Scholar at the University of Cambridge, Lauterpacht Centre for International Law.] For over two weeks, violent and escalating clashes in the Tigray region of Ethiopia have resulted in hundreds of deaths, thousands of displaced persons and ever growing humanitarian needs in this mountainous region of northern Ethiopia. The parties to this conflict include the government of...