10 years Guantanamo: continuing the practice of detention without trial?

Today is the tenth anniversary of the transfer of the first detainees to the United States naval base in Guantánamo Bay, in Cuba. And with the recent adoption of the 2012 National Defense Authorization Act (NDAA) (section 1021) the practice of indefinite detention without charge or trial of terrorism suspects has been legalized in the US; for foreign nationals that is. [...]

The Role of the Council of Europe in the Fight against Trafficking in Persons

* By Dr. Roberta Avellino Introduction The role of the Council of Europe in areas, which affect the full enjoyment of human rights and fundamental freedoms, has always been of great significance. Consequently, the Council of Europe has also invested in its fight against trafficking in human beings with the protection and promotion of the [...]

Introducing a guest post by Roberta Avellino

This guest post by Dr. Roberta Avellino, who holds a Doctor of Law Degree and a Master of Laws (LL.M.) in International Law from the University of Malta, discusses the role of the Council of Europe in the fight against trafficking in persons with special reference to the Convention on Action against Trafficking in Human [...]

ICTY Global Legacy Conference

Introduction The ICTY Global Legacy Conference took place in The Hague on 15 and 16 November. It brought together over 350 leading academics, international judges and practitioners, state representatives and members of civil society (see ICTY press release here). The event was nicely organized by the outgoing President Robinson and his team with the financial [...]

Protecting the Rights of Roma – New Resources from the CoE

In an effort to combat the marginalisation of the Roma people and to contribute to their full integration into society, the Council of Europe has published factsheets ‘Protecting the Rights of Roma’. Key to the process of integration is the education of both Roma and non-Roma. Knowledge about the history and culture of the Roma [...]

State Compliance with the European Convention on Human Rights

Were you wondering about what claims are being brought before the European Court of Human Rights (ECtHR) and the level of compliance by each Member State of the European Convention on Human Rights (ECHR) with its obligations under this Convention? Were you wondering about what are the most problematic aspects of a specific State’s national [...]

The Case of Georgia v. Russia before the ECtHR

Background and history of the proceedings The hearings in the inter-State Georgia v. Russia (II) case (application no. 38263/08) before the European Court of Human Rights (ECtHR) were held on 22 September 2011. The webcast of the hearings is available here. For a complete list of inter-State cases before the ECtHR see here. The formal [...]

Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening)

Background of the case and history of the legal proceedings In its application of 23 December 2008 Germany brought a complaint before the International Court of Justice (ICJ), claiming that in recent years, Italian judicial bodies repeatedly disregarded its jurisdictional immunity as a sovereign State. According to Germany, the critical stage of that development was [...]

Closing Statements in the Lubanga Case

The closing statements in the case Prosecutor v. Thomas Lubanga Dyilo started today, 25 August 2011, before Trial Chamber I of the International Criminal Court (ICC). They will continue tomorrow with the closing statements of the Defence. Thomas Lubanga Dyilo is accused of having committed, as a co-perpetrator, war crimes of enlisting and conscripting children under the [...]

UN Human Rights Council passes gay rights resolution.

On the 17  of June 2011, the United Nations Human Rights Council adopted a resolution on violence and discrimination against lesbian, gay, bisexual and transgender (LGBT) people. It is the first time the UN has adopted a resolution on LGBT issues. The Human Rights Council asked the Office of the UN High Commissioner for Human Rights (OHCHR) [...]

A comment on Palestine’s statehood, recognition and UN membership

The Palestinian government plans to issue a declaration of independence in September 2011 as its latest strategy to bring about further recognition and UN membership. In an Op-Ed in the New York Times, Palestinian President Mahmoud Abbas said “this September, at the United Nations General Assembly, we will request international recognition of the State of [...]

Turkey’s development plans violate human rights

The United Nations Committee on Economic, Social and Cultural Rights (CESCR), the human rights body monitoring the International Covenant on Economic, Social and Cultural Rights (ICESCR), has stated in a report of 20 May 2011 that Turkey violates several human rights enshrined in the ICESCR with the constructions of dams and hydroelectric power plants. The Committee made particular [...]

India Army Major Avtar Singh- Perpetrator of Extrajudicial Killing – Roaming Free in California

On 13th May 2011 I read a news item in Kashmiri local newspaper Greater Kashmir captioned ‘File status report on Major Avtar’s Extradition’.  The news stated that Court directed police to file a status report on the progress made in the extradition of Major Avtar Singh, accused in the killing of prominent lawyer and human [...]

The Obama Administration and Human Rights Conference

The American University, Washington DC, organizes the conference ‘The Obama Administration and Human Rights’ which shall take place on 28-29 April. You can find a lot of interesting information on the conference’s website at: https://american.edu/provost/human-rights/obama-conf/index.cfm The election of Barack Obama as the 44th President of the United States signaled the promise of change in foreign [...]

The Seychelles Supreme Court on Non-Discrimination & Registration of Political Parties

By M. K. Rao [mkrao@mfa.gov.sc; mkrao@ymail.com], Legal Adviser, Ministry of Foreign Affairs, Republic of Seychelles: Views expressed herein are personal and do not reflect those of the MFA or any Department of the Government 1.     On 30th March 2011 the Supreme Court of Seychelles delivered an important judgment.  It upheld the decision of the Registrar [...]

The ICJ decides it has no jurisdiction in Georgia v. Russia

In its judgment delivered today the ICJ found that it had no jurisdiction to entertain the Application filed by Georgia on 12 August 2008. From the issuing by the Court on 15 October 2008 of its Order indicating provisional measures I had a feeling that the case would not go further than the preliminary objections [...]

Security Council passes Resolution 1970 (2011) on Libya

Deploring what it called ‘the gross and systematic violation of human rights’ in strife-torn Libya, on 26 February the Security Council adopted Resolution 1970 (2011), where it demanded an end to the violence and decided to refer the situation to the International Criminal Court while imposing an arms embargo on the country and a travel [...]

Egypt’s Protests, Human Rights Abuses and the Responsibilities of the International Community

After over 11 days of popular protests by an outstandingly united front amongst the Egyptian people and a climate of  intensifying violence and insecurity, a recent article on Al-Jazeera news channel discusses the reasons for which the UN has yet to get involved in any meaningful way in the situation in Egypt, not even by [...]

Inter-American Court of Human Rights Rules on Irregular Migrants’ Rights

We conclude this year with some good news from the Inter-American Court of Human Rights in Costa Rica, which just handed down a landmark case regarding the human rights of irregular migrants. In the case Vélez Loor v. Panamá, published 10 December 2010, the Court held that Panamá was liable for a breach of the [...]

Past and Present of Corporate Complicity for Financing Human Rights Abuses: The Relevance of the Cassese report

The following is a guest post by Professor Juan Pablo Bohoslavsky. Dr. Bohoslavsky is currently the Program Director for the LL.M in Global Administrative Law at the University of Rio Negro, in Patagonia, Argentina. He also works as a legal consultant for the UN Economic Commission for Latin America and the Caribbean. He earned his Ph.D. [...]

Draft Guiding Principles on Business and Human Rights

A number of authors on this blog have followed the progress of the human rights and business agenda at the United Nations over the past few years (e.g. here and here).  The work of the UN Special Representative on Business and Human Rights is coming to a culmination as his mandate expires in 2011.  With this in [...]

Council of Europe Report on Human Rights and Business

Council of Europe has recently published a report on human rights and business. It was prepared by rapporteur Mr Holger Haibach. Here is the summary: With globalisation, large multinational companies have faced charges that they are violating human rights, especially in developing countries: child labour in the textile industry, environmental disasters caused by the oil industry, [...]

UN landmark decision: right to water and sanitation is legally binding

At its last session, the UN Human Rights Council affirmed that the right to water and sanitation is legally binding: “The human right to safe drinking water and sanitation is derived from the right to an adequate standard of living and inextricably related to the right to the highest attainable standard of physical and mental [...]

Measures for the Enforceability of State Obligations under the ICCPR: The Case of Israel

In mid July 20210, Israel underwent its third periodic review by the Human Rights Committee as a State party to the ICCPR. As in previous reviews, one of the main issues that came up in Israel’s reporting to the Human Rights Committee is the fact that Israel continues to refuse the application of the Covenant in [...]

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