In association with the International Commission of Jurists

International Human Rights Law

01 Apr

 [Toby Cadman is the Co-Founder and Head of Chambers of Guernica 37 International Justice Chambers in London.] As a general concept, it is an established principle of international human rights law that in addition to the negative obligation not to commit acts in breach of rights contained in the European Convention for the Protection of Human Rights and Fundamental Freedoms, the overriding principle in Article 1 extends a positive obligation...

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01 Apr

[Barrie Sander is a Fellow at Fundação Getúlio Vargas, Brazil and Luca Belli is Professor of Internet Governance and Regulation at FGV Law School, where he heads the CyberBRICS project; he is also Director of CPDP LatAm and an Associated Researcher at Centre de Droit Public Comparé at Paris 2 University.] Ushering in a world of social distancing and self-isolation, the global spread of COVID-19 has intensified societal...

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01 Apr

[Tim Fish Hodgson is a Legal Adviser on Economic, Social and Cultural Rights, International Commission of Jurists. Ian Seiderman is the Legal and Policy Director of the International Commission of Jurists.] The first part of this post looked at the general obligations of the right to health in the context of the COVID-19 crisis, including in relation to the private sector. We now turn to the...

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01 Apr

[Tim Fish Hodgson is a Legal Adviser on Economic, Social and Cultural Rights, International Commission of Jurists. Ian Seiderman is the Legal and Policy Director of the International Commission of Jurists.] In evaluating the existing or potential human rights consequences of the varied State responses to the COVID-19 pandemic, a great deal of attention has been focused on the question of limitations or emergency-based derogations to human rights protections...

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01 Apr

[Elizabeth Stubbins Bates is a Junior Research Fellow in Law at Merton College, University of Oxford.] In the shock and fear of the COVID-19 pandemic, colleagues have begun to reflect on international human rights law’s continued importance: with analyses of due diligence, the right to life and right to health; derogations under the European Convention of Human Rights (ECHR) (also see page...

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31 Mar

[Dina Lupin Townsend is a Research Consultant and Visiting Researcher at the University of Witwatersrand, Johannesburg. She specialises in environmental law and human rights.]  Information and advice on COVID-19 has been changing at an alarming rate, but one message has remained consistent for weeks: wash your hands. The World Health Organization (WHO) has stated that ‘frequent and proper hand hygiene is one of the most important measures...

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10 Mar

[Jennifer Trahan is a Professor at the NYU Center for Global Affairs.] On March 5, 2020, the International Criminal Court’s Appeals Chamber issued an extremely significant ruling authorizing the opening of the Afghanistan investigation.  The decision is important in that it confirms the Prosecutor’s discretion in evaluating whether or not to proceed “in the interests of justice” under Article 53(1)(c) of the Rome Statute, thereby allowing the Afghanistan...

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05 Mar

On 3 March, news reports indicated that that the UN High Commissioner for Human Rights (High Commissioner) filed an intervention at the Supreme Court of India, linked to petitions challenging the Citizenship Amendment Act of 2019 (CAA). This legislation – along with a population and citizenship register – has been the focus of nationwide protests across India.  In brief, the CAA seeks to ease a path...

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04 Mar

[Siddharth S. Aatreya is an LLM Candidate in International Law at the University of Cambridge  and a General Editor of the Cambridge International Law Journal.] The Canadian Supreme Court’s decision in Nevsun Resources v. Araya has shone new light on the debate around the horizontal application of international law, particularly international human rights norms. With a 5-4 majority, the court held that Nevsun, a Vancouver-based...

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29 Feb

[Dr. Leonie Steinl, LL.M. is a post-doctoral researcher at Hamburg University, where she works in a DFG-project on "Strategic Litigation Networks and Accountability for Gross Violations of Human Rights". Dr. Wenke Brückner currently works as a lawyer in Berlin, specializing in German and international criminal law. Both authors have previously worked on different aspects of the case of Hanan v. Germany for...

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