On the tenth anniversary of 9/11, the Center for Constitutional Rights described how the Constitution had been shredded based on assumptions about the 9/11 attacks. By then, it had also become clear that the government was actually giving aid and comfort to the enemy (violating Article 3) through arming and training terrorists. One might think it obvious that stopping such actions would be the goal of all Americans but to do so one Congress member has had to spell it out in legislation.Continue reading
Five years of devastating civil war and strict economic sanctions have plunged over 80 percent of Syrians into poverty, up from 28 percent in 2010. Ferdinand Arslanian, a scholar at the Center for Syrian Studies at the University of St. Andrews, says that reduction in living standards and aid dependency is empowering the regime.Continue reading
The intellectual’s provisional home is the domain of an exigent, resistant, intransigent art into which, alas, one can neither retreat nor search for solutions. But only in that precarious exilic realm can one first truly grasp the difficulty of what cannot be grasped, and then go forth to try anyway.Continue reading
Mr Justice Nicol had originally ruled that the trial should take place entirely in private with the identity of both defendants withheld and a permanent prohibition on reporting the case.Continue reading
Informants have been paid more than £25million for snitching to police in the past five years.
Despite facing massive cuts and thousands of jobs being at threat, new figures show the overall spend by forces has only decreased by £1million a year since 2008.
Studying the transcripts of court testimonies can help gauge the fairness of trials. Here one example.Continue reading
Perpetrator governments, however, when framing their replies to allegations by human rights organizations have to address other audiences as well — domestic public opinion and media, international public opinion and media, allied or friendly governments, and international bodies. Official reactions, therefore, resonate far beyond the restricted channels of a government press release in response to a critical report. The vocabulary of official reactions draws from the acceptable pool of accounts available..Continue reading
Economic sanctions are emerging as one of the major tools of international governance in the post-Cold War era. Sanctions have long been seen as a form of political intervention that does not cause serious human damage, and therefore does not raise pressing ethical questions. However, the nature of sanctions is that they effectively target the most vulnerable and least political sectors of society, and for this reason they must be subject to ethical scrutiny.Continue reading
The Extraterritorial Application of Human Rights A Digest of Sources Prepared for the GlobalTrust Project By Tamar Ben-Artzi (Updated February 2015) … Continue reading
In determining whether human rights treaties apply extraterritorially, it is necessary to analyze important provisions and terms in a particular agreement. However, as illustrated in The Vienna Convention on the Law of Treaties (the Vienna Convention), the analysis of a human rights instrument often hinges on semantics. Traditionally, the meaning of a provision was based on the definiteness of the language and the plain meaning of the terms. Recently, however, courts such as the ECtHR have been reluctant to settle with the “ordinary meaning analysis” of treaty interpretation (as suggested in Article 31 of the Vienna Convention) when there are “manifestly absurd” results from adherence to such an approach. Instead, many international courts have embraced the exceptions present in Article 32 of the Vienna Convention, allowing them to bring in subsequent state practice, context, purpose, and travaux preparatoires.Continue reading
Clarifying the Extraterritorial Application of the European Convention on Human Rights Al-Skeini and others v United Kingdom App No 55721/07 (ECtHR, 7 July 2011) Cedric Ryngaert in MERKOURIOS: Utrecht Journal of International and European Law, Vol. 28, Issue 74 Abstract … Continue reading
The book’s main focus is on case law, and most of the case-law that I examine is of fairly recent extraction. It appears that the problem of the extraterritorial application of human rights treaties has been growing progressively more acute in the past decade or so. It is indeed rather startling that such a fundamental issue regarding the scope of application of these treaties has not been definitively resolved much earlier during their life-span. One, almost trite response to this observation would be that in the age of globalization states are increasingly affecting the human rights of individuals outside their borders, and that this explains both the increase of litigated cases on extraterritorial application and the growing importance of the issue generally.Continue reading
This Article proceeds in three parts. Part I summarizes the jurisprudence of foreign courts, specifically the Supreme Court and Fed eral Court of Appeal of Canada and the U. K. Supreme Court. Part II examines the approach taken by international courts, specifically the European Court of Human Rights, the Inter – American Court on Human Rights, and the International Court of Justice. Part III provides an overview of the positions of U. N. – linked human rights bodies, specifically the Committee Against Torture and the Human Rights Committee.
We conclude by noting that the U. S. executive branch’s consistent position against any extraterritoria l application of these human rights protections makes the United States an outlier in the international context. Nearly every other foreign and international body examined here concludes that countries that exert “effective control” over a territory, perso n, or situation must observe basic human rights obligations. It is our hope that by placing U. S. practice within an international context, we can open up a conversation about how the United States might — in this area as in so many others — once again be a lea der in the development and enforcement of human rights protections in the world.Continue reading
On 28 September 2011, at a gathering convened by Maastricht University and the International Commission of Jurists, a group of experts in international law and human rights adopted the Maastrict Principles. Drawn from international law, these principles aim to clarify the content of extraterritorial State obligations to realize economic, social and cultural rights with a view to advancing and giving full effect to the object of the Charter of United Nations and international human rights.Continue reading
According to a survey by The Reporters Committee for Freedom of the Press for this guide, federal courts and many state courts allow for “super-secret” cases, which never appear on the public docket or are hidden using pseudonyms, such as “Sealed v. Sealed” or “John Doe v. Jane Doe.” Courts that maintain these secret dockets will neither confirm nor deny the existence of such cases. As a result, these cases proceed through the court system undetected.Continue reading
All the evidence we present in this report shows that Greece not only does not have the ability to pay this debt, but also should not pay this debt first and foremost because the debt emerging from the Troika’s arrangements is a direct infringement on the fundamental human rights of the residents of Greece. Hence, we came to the conclusion that Greece should not pay this debt because it is illegal, illegitimate, and odious.Continue reading
All the evidence we present in this report shows that Greece not only does not have the ability to pay this debt, but also should not pay this debt first and foremost because the debt emerging from the Troika’s arrangements is a direct infringement on the fundamental human rights of the residents of Greece. Hence, we came to the conclusion that Greece should not pay this debt because it is illegal, illegitimate, and
Turkey’s neoliberalism culminated in the new millennium with the rise of the AKP, a party with an Islamist background. The party wedded Islamist populism to neoliberalism, which has been critically dubbed “neoliberalism with a Muslim face.”4 By winning over liberal intellectual and economic circles, the AKP has built a historic bloc with Islamic sentiments; İlhan Uzgel calls it “the new hegemonic bloc.” Thus, in order to alter Turkey, the AKP initially had to alter itself.Continue reading
‘The danger we face is that the great majority of those children whose parents did not receive an education for generations will descend to the level of Arab children,” Israel’s first prime minister, David Ben-Gurion, declared at a July 1962 meeting. He was speaking with the head of a teachers federation on the question of whether to segregate “Mizrahi” children, whose parents came from Muslim countries, from “Ashkenazi” children in school.Continue reading
Amnesty International supports intervention in Syria against international law. Is this an error of perspective or does it reflect Amnesty’s role to help imperialism?Continue reading