U.S. Judge Excludes Evidence Obtained through Torture in New York Trial of Former GITMO Detainee Ahmed Ghailani

Judge Lewis Kaplan of the U.S. District Court for the Southern District of New York ruled today that the federal government could not use the testimony of a reportedly key witness in the prosecution’s case against former Guantanamo detainee Ahmed Ghailani, who is on trial for his suspected involvement in the 1998 bombings of U.S. embassies in Kenya and Tanzania.

Read more

News Clips – October 3, 2010

In Ecuador, a state of emergency remains in place following last week’s uprising of members of the military against President Correa’s government, prompting human rights defenders to call for a quick restoration of full civil liberties. [CEJIL] The Inter-American Commission on Human Rights condemned the attack against Correa. [IACHR] Germany today commemorates 20 years of reunification and will use its

Read more

Book Review – Preventing Irreparable Harm: Provisional Measures in International Human Rights Adjudication

Eva Rieter, Preventing Irreparable Harm: Provisional Measures in International Human Rights Adjudication (Intersentia, Antwerp, 2010, xl + 1200 pp., €129.00) ISBN 978-90-5095-931-5 (pb) This year, Eva Rieter, assistant professor in public international law and international human rights at Radboud University Nijmegen, has authored an extensive volume which is the result of years of research on provisional measures in the international

Read more

U.S. Court Rules Corporations Cannot be Held Civilly Liable for Torture and Other Violations of International Law under ATCA

Last Friday’s Second Circuit ruling in Kiobel v. Royal Dutch Petroleum, if upheld, could be the death knell for litigation seeking to hold corporations accountable for torture and other violations of customary international law under the Alien Tort Claims Act. The plaintiffs, Nigerian nationals, brought suit against Royal Dutch and Shell Petroleum for aiding and abetting the Nigerian government in

Read more

News Clips – September 20, 2010

In a heartbreaking blow to Afghan hopes for peace, several U.S. soldiers are under investigation for murdering at least three Afghan civilians last year as part of a rogue “kill team” that was allegedly formed when a staff sergeant who had served in Iraq in 2004 joined the platoon stationed in Kandahar province. [Washington Post] The French Senate has approved

Read more

Ninth Circuit Dismisses Rendition Lawsuit against Boeing Subsidiary, Granting Government’s Invocation of State Secrets Privilege

On September 8, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit dismissed a civil suit filed under the Alien Tort Claims Act by five extraordinary rendition victims against a Boeing subsidiary, Jeppesen DataPlan, Inc. for its role in their rendition.  [Amnesty International USA ; ACLU]  The federal government intervened in the suit, arguing that

Read more

News Clips – July 18, 2010

Argentina legalizes same-sex marriage, becoming the second country in the Western Hemisphere to do so. [Washington Post] The Pre-Trial Chamber I of the ICC has issued a second arrest warrant for Sudan’s President Al Bashir, who is wanted to face charges of genocide against the Fur, Masalit and Zaghawa ethnic groups.  The first warrant was based on charges of war

Read more

U.S. Department of Justice Files Constitutional Challenge against Arizona Immigration Law

The U.S. Department of Justice announced last week that it had filed a constitutional challenge to Arizona’s new immigration law, S.B. 1070 (discussed earlier on this blog here and here), seeking declaratory and injunctive relief against its enforcement.  The suit was filed on behalf of the Department of Justice, the Department of Homeland Security, and the Department of State, which

Read more

ECHR Upholds Denial of Right to Marry to Same-Sex Couples

On June  24, the European Court of Human Rights issued its decision in Schalk and Kopf v. Austria (App. No. 30141/04), concerning the right of same-sex couples to marry. (See the press release and judgment). Although the Court – for the first time – recognized that same-sex relationships fall within the purview of the Convention’s protection of ‘family life’, the Court

Read more