Category Archives: Human Rights Law

Via @ConversationUK – Twenty years after Srebrenica, ethnic cleansing has become a defence to genocide

Prof James A. Sweeney

James A. Sweeney (@James_Sweeney_) is Professor of International Law in the Law School at Lancaster University.  He has published widely in the areas of human rights and refugee law, and is the author of The European Court of Human Rights in the Post-Cold War Era: Universality in Transition, the first monograph to examine transitional justice in the jurisprudence of the ECHR.  His work on the human rights of failed asylum seekers, [2008] Public Law 277-301, has the distinction of being cited with approval both by the House of Lords and the Court of Appeal, in the cases of R (on the application of M) v Slough BC [2008] UKHL 52, [28], and SL v Westminster City Council [2011] EWCA Civ 954, [16].

You can find out more about James’ research at http://www.lancaster.ac.uk/fass/law/profiles/james-sweeney

Via @ConversationUK – How Osborne’s new cuts breach the UK’s human rights obligations

Dr Amanda Cahill-Ripley

Amanda Cahill-Ripley (@AmandaCahillRip) is a Lecturer in Law and author of The Human Right to Water and its Application in the Occupied Palestinian Territories, Routledge, 2013 (paperback).  Her main research interests are international human rights, in particular economic and social rights; human rights, conflict and transitional justice; rights and development.

You can find out more about Amanda’s research at http://www.lancaster.ac.uk/fass/law/profiles/amanda-cahill-ripley

An image of the interior of the court chamber of the European Court of Human Rights , with the judges' blue seats arranged in a large horseshoe

Part II: The Impact of the ECtHR Ruling in the Case of Maktouf and Damjanovic vs Bosnia and Herzegovina: On Transitional Justice in B-H

Maja Kapetanovic

Part Two: Political Impact

In July of 2013 the European Court of Human Rights (ECtHR) issued a ruling in the case Maktouf and Damjanovic vs. Bosnia and Herzegovina, concerning the non-retroactive application of criminal law to war crimes cases, which had tremendous negative consequences on post conflict justice efforts in Bosnia and Herzegovina (B-H). The case concerned two applicants (Maktouf and Damjanovic), convicted for war crimes against civilians committed during the 1992-1995 war in B-H, who successfully claimed that their sentencing violated Article 7 ECHR because the 2003 Bosnian Criminal Code was retroactively applied to them (the case is discussed in more detail in a previous Lancaster Law blog by Prof. James A. Sweeney, and in his recent journal on ‘Non-retroactivity, candour and transitional relativism’). This blog post will deal the political fallout from this case in B-H. My previous post examined the legal consequences.

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White marble pillar gravestones marking the graves of victims of the Srebrenica massacre

The Impact of the ECtHR Ruling in the Case of Maktouf and Damjanovic v Bosnia and Herzegovina: Transitional Justice in B-H

Maja Kapetanovic

Part One: Legal Impact

In July of 2013 the European Court of Human Rights (ECtHR) issued a ruling in the case Maktouf and Damjanovic vs. Bosnia and Herzegovina, concerning the non-retroactive application of criminal law to war crimes cases, which had tremendous negative consequences on post conflict justice efforts in Bosnia and Herzegovina (B-H).

Part II is available here.

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Taken from International PEN. Musine Kokalari at the 1946 Trial.

A Pioneer for Her Time: Musine Kokalari

Dr Agata Fijalkowski

I am on a mission to revive the story of a little known Albanian writer and political dissident.

In 2012, when I first began my research in Tirana on the Enver Hoxha dictatorship and the way in which Albania is examining its dictatorial past, I was confronted time and time again by image above, in films and exhibits. (Taken from International PEN. Musine Kokalari at the 1946 Trial.)

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(c) Bahrain in Pictures

Denial in Bahrain? The Links Between Sickle Cell Disease, Detention and Tear Gas.

Dr. Gearóid Ó Cuinn

Since the outbreak of pro-reform protests in Bahrain in early 2011 security forces have deployed an unprecedented amount of tear gas resulting in the deaths of numerous individuals. This torrent has also revealed a genetic component to Bahrain’s political unrest through a record spike in sickle cell deaths – a condition that predominantly affects the marginalised Shia population.

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sweeney london3

Genocide and Cosmopolitanism in Europe

Prof James A. Sweeney

Over the last month I’ve done work in Turkey and London with the Kosovo judiciary, and spoken by invitation at a conference on ‘transitional cosmopolitanism’ in Oslo.  In this post I’ll try to set out what connects these activities, and offer a comment upon a recent European Court of Human Rights case.

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