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 [...]

UN Reports on Israel Highlight a Manifest Culture of Impunity

On 21st and 22nd September, 2010, respectively, two reports were issued by two separate but circumstantially related missions appointed and mandated by the Human Rights Council to investigate violations of international law in the context of the Palestine-Israel conflict. The reports were submitted in the course of the Council’s 15th session, which recently took place [...]

Book review – Carolina León Bastos: La interpretación de los derechos fundamentales según los tratados internacionales sobre derechos humanos

Carolina León Bastos: La interpretación de los derechos fundamentales según los tratados internacionales sobre derechos humanos. Un estudio de la jurisprudencia en España y Costa Rica (English translation of the title: The Interpretation of Fundamental Rights in Accordance with International Human Rights Treaties. A Study of the Spanish and Costa Rican Jurisprudence). Madrid. Reus. 328 [...]

New FIDH Report and the Prospects of International Justice

The International Federation for Human Rights (FIDH), a major umbrella NGO for over 160 different organisations, recently (July 2010) launched “Corporate Accountability for Human Rights Abuses: A Guide for Victims and NGOs on Recourse Mechanisms“. The guide is comprised of five sections. Each examines a different type of instrument, including intergovernmental mechanisms, legal options, mediation [...]

Book Review: Solon Solomon, The Justiciability of International Disputes – The Advisory Opinion of Israel’s Security Fence as a Case Study

Solon Solomon, The Justiciability of International Disputes – The Advisory Opinion of Israel’s Security Fence as a Case Study (Jerusalem: Wolf Legal Publishers, 2009) ISBN: 978-90-5850-437-1 By Dr. Fozia Nazir Lone Assistant Professor, City University of Hong Kong, fnlone@cityu.edu.hk Solon Solomon, in this book presents a comprehensive legal description on the justiciability of international disputes. [...]

UN General Assembly Recognizes Right to Water as a Human Right

Yesterday, on 28 July 2010, the UN General Assembly adopted a resolution introduced by Bolivia on the human right to access to clean water and sanitation. The Resolution was adopted by 122 in favour, no votes against and 41 abstentions (for the press release of the UN General Assembly see here, for the text of [...]

Sweden and the Universal Periodic Review in the Human Rights Council

Introduction During its tenth session the Working Group[1] on the Universal Periodic Review (UPR) in the Human Rights Council (HRC), on 7 May 2010 held its first review of the Swedish human rights record. Sweden had submitted its report on national protection of human rights on 22 February 2010.[2] During the review a number of [...]

Sami Land Rights – The ECtHR Judgment in the Case of Handölsdalen Sami Village and Others v. Sweden

On 30 March 2010 the Third Section of the European Court of Human Rights (‘ECtHR’), sitting as a Chamber, issued its judgement in the case Handölsdalen Sami Village and Others v. Sweden.[1] The case concerns the rights of the Sami[2] to use privately owned land for winter grazing of their reindeers in the municipality of [...]

South Africa and its World Cup: What about Housing Rights?

South Africa has good reasons to be excited. Tomorrow, 11 June 2010, the 19th FIFA World Cup kicks off in South Africa, this year’s host country of the premier international football tournament. It is the first football World Cup on the African continent. United Nations Secretary-General Ban Ki-moon will attend the opening ceremony in Johannesburg [...]

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