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Yesterday, 22 February, 25 Latin-American and Caribbean government representatives gathered, according to El País, in Mexico to discuss the possible creation of an American regional organisation without the United States and Canada (for the full article see here). Among the diplomats present were, among others, the Bolivian, Brazilian, Cuban, Haitian and Venezuelan heads of State. [...]
Filed under: Regional Human Rights Protection | 1 Comment »
1. Minorities and Minority Rights in Sweden
On 1 January 2010 a new Act on National Minorities and National Minority Languages[1] entered into force in Sweden. The new law is a response to the deficiencies that were found in Sweden’s implementation of its international obligations to protect national minorities and their languages.
The Swedish Constitution of 1974 [...]
Filed under: Comparative law, Council of Europe, Human Rights | Leave a Comment »
Newcastle Human Rights Research Group Symposium Announcement: Human Rights – A Drop of Liberation or Fig Leaf of Legitimation?
Date: 23 January 2010, Newcastle Law School, Newcastle University, UK.
Confirmed Speakers
Professor David Kennedy, Harvard University – ‘The International Human Rights Movement: Still Part of the Problem?’
Professor Keith Ewing, Kings College London – ‘The Final Futility of the [...]
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Accountability Now!
A Symposium on Human Rights and International Justice
Tuesday, 12th January 2010, 2-4pm
Main Theater, Abu Dis Campus, Al-Quds University, Palestine
On occasion of the one year anniversary of Israel’s 22-day-long offensive on the Gaza Strip, and the momentum towards accountability created by the report of the UN Fact-Finding Mission on Gaza Conflict (the Goldstone report), Al-Quds [...]
Filed under: Conference, Human Rights, International Criminal Law, International Humanitarian Law, Middle East Crisis, international justice | 1 Comment »
Al-Haq, a Palestinian NGO based in the West Bank, has recently published a paper authored by Michael Kearney and Stijn Denayer on “Issues Arising from the Palestinian Authority’s Submission of a Declaration to the Prosecutor of the International Criminal Court under Article 12(3) of the Rome Statute” (a matter we have previously covered here).
The Palestinian [...]
Filed under: Human Rights, ICC, International Criminal Law, Middle East Crisis, Publications, international justice | 2 Comments »
Yesterday, on 27 December 2009, one year had passed since the commencement of the devastating atrocities of Israel’s 22-day-long assault on the occupied Gaza Strip (otherwise known as Israel’s Operation “Cast Lead”). There has indeed been a notable amount of writing done about the conflict and its context over the past year (we have also [...]
Filed under: Human Rights, International Humanitarian Law, International and national law, Middle East Crisis, international justice | 1 Comment »
Since the Senegalese jurist Keba M’baye first advanced it in 1972, the idea of a ”right to development” has been the focus of an extensive but largely theoretical debate. Jurists from the South enumerated the possible subjects and objects of this right while jurists from the North questioned whether it existed at all. However, the [...]
Filed under: Human Rights, Law of Treaties, United Nations, World Trade Organization | Leave a Comment »
On 29 October 2009, Attorney General Bot published his Opinion on a preliminary reference addressed to the European Court of Justice by a German court on the application of the EC-Israel Association Agreement in the context of products originating from the occupied Palestinian territories and the question of their entitlement to preferential customs treatment under [...]
Filed under: Corporations in International Law, ECJ, EU/EC Law, Human Rights, Middle East Crisis, Public International Law | Leave a Comment »
In a recent judgment of the Israeli Supreme Court, HCJ 7001/09 Kareem AlKanua v Commander of the Army Forces in Gaza et al. (rendered by Justice Levi on 26 October 2009) the petitioner a Palestinian resident of the Gaza Strip, requested the Court to oblige the state to allow him to enter Israel for the [...]
Filed under: Human Rights, International Humanitarian Law, International and national law, Middle East Crisis, Public International Law | 4 Comments »
Administrative detention has been a contentious topic for international lawyers since its invocation by governments claiming that it is a principal tool in the often-lawless global ‘War on Terror’. Despite the popularity that this mechanism has earned amongst a growing number of states, principally those participating in the ‘War on Terror’, it has been neglected [...]
Filed under: Human Rights, International Humanitarian Law, International and national law, International terrorism, Middle East Crisis, Public International Law, Publications | Leave a Comment »
An issue related to Innocent’s post on environmental rights and Michele’s on “climate refugees” is the question of to what extent does climate change affect human rights in general? This is a question which is undergoing a lot of scrutiny not least since the UN High Commissioner for Human Rights was, in 2008, charged with [...]
Filed under: Environmental Law, Europeam Court of Human Rights, Human Rights, International Environmental Law | Leave a Comment »
Professor Douglas Cassel’s commentary “Do we Have a Human Right to a Healthy Environment?” critique the existance of the right to a healthy environment in the international law discourse. The author argues that the matter has complex underlying legal challenges that have to be unmasked for it to be clearly comprehended. He brings an interesting dimension regarding the relationship [...]
Filed under: Environmental Law, Human Rights, International Environmental Law, Regional Human Rights | Leave a Comment »
Driven by the perceived failures of the old democracies (in particular the USA and Canada) to obviate the commission of genocide, crimes against humanity and other gross violations of human rights in different parts of the world during the twentieth and twenty first centuries, leading academics at the Montreal Institute for Genocide and Human Rights [...]
Filed under: Human Rights, International Humanitarian Law, Responsibility to protect, international justice | 1 Comment »
On 9 September 2009, the Israeli Supreme Court published its judgment in the case of HCJ 11344/03 Mayor of Jayyus et al. v. Commander of the Armed Forces in the West Bank et al. (available in Hebrew), where the route of the Separation Wall that Israel has been constructing since the end of the second [...]
Filed under: Human Rights, International Court of Justice, International Humanitarian Law, International and national law, Middle East Crisis, Public International Law | Leave a Comment »
No week passes without a newspaper article, television news or a documentary describing the plight of “climate refugees”. In this post, I would like to explain why, in my opinion, “survival migrants” is a more adequate term than “climate refugees” from a humanitarian and legal protection perspective. Secondly, I would like to examine to what [...]
Filed under: Environmental Law, Guest Blogging, Human Rights, International Environmental Law, International Humanitarian Law | Leave a Comment »
International Law Observer is pleased to welcome Michèle Morel as guest contributor. Michèle is currently undertaking PhD studies at Ghent University, Belgium, Faculty of Law, Department of Public International Law, into the topic of “environmental migration” (more specifically the interplay between International Human Rights Law and Refugee Law). Prior to commencing her PhD work, Michèle [...]
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I thought that for my first post it would be apposite to discuss a component of my doctoral research. This post will therefore focus upon the Responsibility to Protect doctrine or, “R2P”, as it has become known (for earlier posts on the R2P see here). This post considers the most recent institutional development which R2P [...]
Filed under: Human Rights, Public International Law, Responsibility to protect, United Nations | Leave a Comment »
In Saadi v Italy, the European Court of Human Rights held in 2008 that article 3 of the European Convention on Human Rights prohibits expulsion of individuals to states where they would face a “real risk” of torture, inhuman or degrading treatment. In other words, the Court held that serious threats to the community presented [...]
Filed under: Europeam Court of Human Rights, Human Rights, Regional Human Rights, Regional Human Rights Protection | Leave a Comment »
The Report of the UN Fact-Finding Mission on the Gaza Conflict headed by Justice Richard Goldstone was released on 15 September 2009 together with a set of recommendations by the mission’s experts for the way forward in bringing justice to victims and perpetrators to justice (our previous coverage of the fact-finding mission’s work can be [...]
Filed under: Human Rights, International Humanitarian Law, Middle East Crisis, Public International Law, United Nations | Leave a Comment »
A warm welcome to the blogosphere to Human Rights in Ireland which is, as the name indicates, a new blog dedicated to human rights issues in Ireland. The contributors to the blog come from a wide range of mainly legal backgrounds (and count my good friends Aofie O’Donoghue and Colin Murray) all with some connection [...]
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Maybe if Barroso is re-elected and gets his way. EU Observer has the story.
Filed under: EC-Law, EU-Law, EU/EC Law, Regional Human Rights | 1 Comment »
A brief follow-up on the ECJ’s Kadi decision and the Court of First Instance’s (CFI) – slightly less famous – PMOI decisions we reported earlier on (see here, here and here). The Kadi decision dealt with an EU regulation implementing a UN blacklist which provided for the freezing of financial means of suspected Al Quaida [...]
Filed under: EC-Law, ECJ, ECtHR, EU-Law, EU/EC Law, Environmental Law, Human Rights, Regional Human Rights, Regional Human Rights Protection | Leave a Comment »
Introduction
On 9 July 2009 the Swedish government rendered an affirmative decision on whether or not to extradite a Rwandan citizen to Rwanda due to his suspected involvement in the 1994 genocide. The decision by the Swedish government was the first of its kind of a European State and the implementation was stopped only after the [...]
Filed under: ECtHR, Human Rights, Regional Human Rights | Leave a Comment »
Anja Seibert-Fohr, Prosecuting Serious Human Rights Violations, New York: Oxford University Press, 2009 (ISBN-10: 0199569320; ISBN-13: 978-0199569328)
As part of covering relevant literature for our section of the blog featuring interesting new publications I have had the opportunity to review the book Prosecuting Serious Human Rights Violations by Anja Seibert-Fohr.
In the foreword to the book, [...]
Filed under: Book review, ECtHR, Europeam Court of Human Rights, Human Rights, International Criminal Law, Regional Human Rights | Leave a Comment »
