In association with the International Commission of Jurists

Europe

16 Jun

[Andreina De Leo is a Legal Researcher at the European Legal Support Center (ELSC).] On June 11, 2020, the European Court of Human Rights (ECt.HR) delivered the much-awaited judgement Baldassi and Others v. France (application no. 15271/16). The Court found by a majority that there was no violation of Article 7 (no punishment without law) and unanimously that there was a...

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28 May

Analyzing the issue of religious discrimination in counterterrorism laws requires first, to look at the facts: whereas many cases brought to justice until the years 2000s concerned Corsican and Basque separatists[1], people indicted for acts of terrorism today are mostly identified as (radicalized) Islamists.  Moreover the attacks of February and November 2015 led to a point of no return where terrorism...

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22 May

[Andreas Schueller directs the International Crimes and Accountability program at the European Center for Constitutional and Human Rights (ECCHR).] The current German coalition agreement says that the German government “categorically rejects extrajudicial killings, also by drones”. Nevertheless, the German armed forces leased drones that can be armed – yet without the respective weapons. The German government declared that it will employ these drones only in accordance to...

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20 May

[Nicola Palmer is a Senior Lecturer in criminal law at King’s and the author of Courts in Conflict: Interpreting the Layers of Justice in Post-Genocide Rwanda.] On Saturday, 16 May 2020 Félicien Kabuga, a former businessman accused of being a major financial backer of Hutu extremism in the build-up to, and during, the Rwandan genocide was arrested in a flat in Asnieres-sur-Seine...

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11 May

[Paolo Busco is a member of Twenty Essex Chambers, where he practices in the field of public international law. All opinions are expressed in a personal capacity only.] Rescuing people in distress at sea is a duty. However, does international law require a coastal State to open its ports or territorial sea to foreign ships involved in the rescue? The question is not new, especially in...

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06 May

[Nasia Hadjigeorgiou is an Assistant Professor of Transitional Justice and Human Rights at the Cyprus campus of the University of Central Lancashire.] On 29 October 2019 the ECtHR delivered its judgment in Baralija v. Bosnia and Herzegovina (BiH), yet another Bosnian voting case. This is the fourth case, following Sejdić and Finci v. BiH (2009), Zornić v. BiH (2014) and Pilav v....

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17 Mar

[Todd Carney is a student at Harvard Law School. He holds a Bachelor’s degree in Political Science and Public Communications. He has also worked in digital media in New York City and Washington D.C.] Though most of the headlines regarding disputed territory in Eastern Europe focus on Crimea and Kosovo, there is another region in Eastern Europe that continues to be in question,...

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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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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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16 Jan

[Nicolás Zambrana-Tévar is Professor of Law at KIMEP University in Almaty, Kazakhstan, where he specializes in International Law.] A genuine electoral thriller The Catalan separatist struggle seems to be, right now, a tennis match where the ball is bouncing back and forth between Madrid, Strasbourg and Brussels. On 2 November 2017, Mr Junqueras, then vice-president of the Catalan autonomous government, was arrested with other separatist leaders and was charged with...

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14 Jan

[Marina Aksenova is a Professor of Comparative Criminal and International Law, IE Law School Madrid and Linde Bryk is Legal Advisor - Bertha Justice Fellow, European Center for Constitutional and Human Rights.] On 11 December 2019, ECCHR together with a group of NGOs - Mwatana (Yemen), Rete Disarmo (Italy), Centre Delàs (Spain), the Campaign Against Arms Trade (UK) and Amnesty International Secretariat...

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24 Oct

[Nicolás Zambrana-Tévar is Professor of Law at KIMEP University in Almaty, Kazakhstan, where he specializes in International Law.] The trial of the century What has been labelled as the most crucial trial of Spanish democracy has ended with convictions for several members of the autonomous Government of Catalonia (Spain) and other separatist leaders for sedition, contempt of court and/or embezzlement. However, after having spent...

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