Europe

[Qetevan Qistauri is research assistant at the Regensburg University (Germany) with the main focus on International Human Rights Law.] ECtHR, Grand Chamber, Georgia v. Russia (II), No. 38263/08 Thursday 21 January 2021, the ECtHR decided on the interstate case under Article 33 ECHR Georgia v. Russia (II) in relation to the war in 2008, which had been dealt with by the Grand Chamber for several years. Although this...

[Victoria Priori is a PhD student in International Law at the Graduate Institute of Geneva.] The case R v Reeves Taylor before the UK Supreme Court brought to the forefront the issue of whether the infliction of serious mental or physical suffering by members of non-state armed groups amounts to torture, as defined in section 134 of the UK Criminal Justice Act (CJA) implementing the definition of the...

[Andrew Forde  just passed his PhD viva at the Irish Centre for Human Rights focussed on The Application of the ECHR in Contested European Territories, with extensive professional experience in post-conflict regions in south eastern Europe and the south Caucasus principally with the Council of Europe.] Throughout the brutal six-week war in and around Nagorno-Karabakh which began on 27 September 2020, the former Human Rights Ombudsman of...

[Natalie Alkiviadou is a Senior Research Fellow at Justitia (Denmark) working on the Future of Free Speech Project.]  I like social media. I am an avid fan of free speech (I research it for a living). I also like humour, parody and satire. I like to laugh (especially in current times I think it’s good for one’s health). I also like to be informed through laughter. But...

[Nasia Hadjigeorgiou is an Assistant Professor in Transitional Justice and Human Rights at UCLan Cyprus. Her monograph, published by Hart in 2020, focuses on the protection of human rights as a peacebuilding tool in four post-violence societies (Bosnia and Herzegovina, Cyprus, Northern Ireland and South Africa).] The Committee on Missing Persons The Committee on Missing Persons (CMP or Committee) in Cyprus is an institution that was formally established in...

By Laura Knöpfel (Senior Research Fellow Transnational Law Institute, Dickson Poon School of Law, King’s College London) and Carlos López (Senior Legal Adviser, International Commission of Jurists) With the rejection of the popular Business Responsible Initiative (RBI) in Switzerland, the parliamentary counterproposal is due to enter into force soon. The counterproposal introduces a new article 964 in the Swiss Code of Obligations to require...

By Laura Knöpfel (Senior Research Fellow Transnational Law Institute, Dickson Poon School of Law, King’s College London) and Carlos López (Senior Legal Adviser, International Commission of Jurists) On 29th November 2020, Switzerland narrowly rejected the popular Responsible Business Initiative (RBI) which would have obliged Swiss companies and the businesses they control anywhere in the world to respect human rights and environmental standards and introduced civil...

[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...

[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...

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...

[Henning Lahmann is a Senior Researcher at the Digital Society Institute ESMT Berlin.] Back in May, the German Federal Constitutional Court (the Court) held that the law for Germany‘s Federal Intelligence Service (Bundesnachrichtendienst, BND) was unconstitutional in its current form due to insufficient legal protections for journalists who are not citizens and who work outside of Germany’s borders against surveillance measures, a judgment widely lauded for its expansive...

[Simon Bekaert is an Attorney at Law at the Bekaert Law Firm. This article was written in the context of the JUSTICE project, a cooperation of International Commission of Jurists – European Institutions (ICJ-EI), NJCM, Human Rights in Practice, Magistrats Européens pour la Démocratie et les Libertés, Scuola Superiore Sant’Anna di Pisa, Juezas y Jueces para la Democracia and Neue...