Introduction The Sassi and Benchellali v. France case in the European Court of Human Rights (ECtHR), that dealt with immunity of former United States (US) officials in criminal proceedings for allegations of torture in the Guantanamo Bay detention camp, joins the ongoing discussion on immunity for State officials (the text of the decision is available in French, see here, for a non-official English translation, via Google Translate, see here). In particular, the case sheds light on the debate concerning the existence of exceptions to State immunity for violations of jus cogens norms. The debate concerning such exceptions revolves around article 7 of the International Law Commission (ILC) Draft Articles on Immunity of State Officials from Foreign Criminal Jurisdiction (the “Draft Articles”), according to which immunity ratione materiae does not apply to jus cogens violations, like torture. Sassi and Benchellali came in a timely fashion, as the ILC continued its work on the Draft Articles during its 75th summer session (for discussion on dilemmas prior to the session, see…
European Convention on Human Rights
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‘Passportisation’: ECtHR finds imposition of Russian citizenship in Crimea a breach of article 8 ECHR
A. Introduction The term ‘passportisation’ refers to the practice of extending nationality to substantial numbers of individuals beyond the boundary of the state, including by forcible imposition of nationality. At an international level, two effects – each potentially an aim of value to the state extending its nationality – are the erosion of the territorial sovereignty…
Electoral Dysfunction: Romania’s Election Annulment, Disinformation, and ECHR Positive Obligations to Combat Election Irregularities
In a historical year for global democratic elections, Romania’s presidential election is the latest European election to have elicited controversy. Days prior to the scheduled second round of voting, the country’s constitutional court annulled the results of the first round voting results. The constitutional court’s decision, which will necessitate a fresh vote, arose in response to…
Decentering Survivors as Dominus Litis in European Court of Human Rights Law
Recently (25 November to 10 December), the world marked 16 days of activism against gender-based violence (GBV). The UN recognizes intimate partner violence and technology-facilitated violence against women as some of the most common forms of violence against women (VAWG) globally.
States’ International Obligation(s) to Repeal Domestic Legislations Incompatible with the European Convention on Human Rights
On 22 October 2024 the European Court of Human Rights (ECtHR or ‘the Court’) issued a landmark judgment in the case of Kobaliya and Others v. Russia. It found that the Russian legislation on ‘foreign agents’ – imposing huge restrictions on the rights of Russian non-governmental organisations, media organisations and individuals designated as ‘foreign agents’ – breached…