Tag Archives: European Convention of Human Rights

10 Standards for Oversight & Transparency of National Intelligence Services

Authors Sarah Eskens, Ott van Daalen, and Nico van Eijk present a set of 10 standards for oversight and transparency for surveillance by intelligence services. The authors approach these recommendations from the viewpoint of the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union, and illustrate their implementation using cases from the Court of Justice of the European Union and the European Court of Human Rights.

State Responsibility to Respect, Protect, & Fulfill Human Rights Obligations in Cyberspace

In this article, Gabor Rona and Lauren Aarons explore how international human rights law applies to cyberspace. They address the substantive obligations of the state responsibility to respect, ensure, and promote human rights in cyberspace, including protecting against third party abuse and providing remedies for violations. Finally, the authors outline the limitations of and permissible restrictions on human rights obligations in cyberspace.

Charting America’s Return to Public International Law Under the Obama Administration

The administration of George W. Bush left the international credibility of the United States in tatters and seriously undermined any U.S. claim to leadership in human rights and the rule of law. The Obama administration can begin to repair the damage wrought by the Bush administration by establishing a healthy new respect for public international law. Reengaging the international community multilaterally to develop international law further would be widely welcomed after eight years of unilateral and dictatorial engagement.

Alvarez-Machain II: The Supreme Court’s Reliance on the Non-Self-Executing Declaration in the Senate Resolution Giving Advice and Consent to the International Covenant on Civil and Political Rights

Humberto Alvarez-Machain, a Mexican national, was kidnapped in Mexico and brought to the United States at the behest of US Drug Enforcement Administration (DEA) agents for allegedly assisting in the torture and murder of a DEA agent in Mexico. He challenged the jurisdiction of US courts to try him, arguing that his illegal seizure barred the trial. The Supreme Court rejected that contention, holding that “the power of a court to try a person for a crime is not impaired by the fact that he has been brought within the court’s jurisdiction by reason of a ‘forcible abduction.’” This writer was one of the few who supported the Supreme Court’s decision sustaining jurisdiction, arguing that it was consistent both with international law and with the Fourth Amendment.