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Tag Archives: European Court of Human Rights (ECHR)

The NSA Meets International Law: Advantage US?

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Thursday, January 30, 2014 at 3:00 PM

While NSA critics including David Cole have asserted that the Section 702 program is inconsistent with international privacy norms, the reality is far more complex.  As I explain in a forthcoming Fordham Law Review article, European courts have upheld national security surveillance programs with striking similarities to U.S. practice.  Indeed, the FISC’s role actually makes . . .
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UK Considers Withdrawing from European Convention on Human Rights

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Sunday, April 28, 2013 at 1:03 PM

In mid-March, I noted a speech by Home Secretary Theresa May, in which she advanced the idea that the UK should consider withdrawing from the European Convention on Human Rights.  As I noted then, the European Court on Human Rights had, again, blocked the deportation of Abu Qatada to Jordan.  Qatada, who is considered by . . .
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Drone Strikes, the UN Special Rapporteur Investigation, and the Duty to Investigate

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Friday, January 25, 2013 at 11:14 AM

[Update - I've clarified some points below, at the bottom, in response to reader feedback] Ben Emmerson QC is a British human rights law specialist who currently serves as the UN Human Rights Council’s “Special Rapporteur on Counter-Terrorism and Human Rights” (this poisition is one of several dozen thematic or country-specific investigative entities set up by . . .
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El-Masri Awarded Damages by ECHR

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Thursday, December 13, 2012 at 10:22 AM

The European Court of Human Rights (“ECHR”) today held that Macedonia had violated the rights of  Khaled El-Masri.  In 2003 El-Masri, a German national, was confused for a similarly-named terrorism suspect, and then, among other things, allegedly taken to Afghanistan—where he was interrogated and abused by the CIA.  The gist of the Strasbourg-based court’s ruling . . .
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