Complicity in torture in a time of terror: Interpreting the European Court of Human Rights extraordinary rendition cases
Complicity in torture in a time of terror: Interpreting the European Court of Human Rights extraordinary rendition cases
This article examines how the European Court of Human Rights, in three “extraordinary rendition” cases – Al Nashiri, Husayn, and Nasr – has defined the responsibility of complicit States for torture as a human rights violation, seeking to determine the points at which the European Court's jurisprudence intersects with and diverges from other bodies of law, including the general law on State responsibility. Two issues that resonate outside the framework of the European Convention on Human Rights are discussed, namely the application of the subjective knowledge element in respect of the different forms of complicity, and the manner of addressing the role of States that may be considered primarily responsible for torture but that are not parties to the relevant proceedings.
11-40
Jørgensen, Nina H.B.
0fed4805-c315-414c-a10a-b292248f0193
2017
Jørgensen, Nina H.B.
0fed4805-c315-414c-a10a-b292248f0193
Jørgensen, Nina H.B.
(2017)
Complicity in torture in a time of terror: Interpreting the European Court of Human Rights extraordinary rendition cases.
Chinese Journal of International Law, 16 (1), .
(doi:10.1093/chinesejil/jmx005).
Abstract
This article examines how the European Court of Human Rights, in three “extraordinary rendition” cases – Al Nashiri, Husayn, and Nasr – has defined the responsibility of complicit States for torture as a human rights violation, seeking to determine the points at which the European Court's jurisprudence intersects with and diverges from other bodies of law, including the general law on State responsibility. Two issues that resonate outside the framework of the European Convention on Human Rights are discussed, namely the application of the subjective knowledge element in respect of the different forms of complicity, and the manner of addressing the role of States that may be considered primarily responsible for torture but that are not parties to the relevant proceedings.
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Accepted/In Press date: 10 April 2017
e-pub ahead of print date: 10 April 2017
Published date: 2017
Identifiers
Local EPrints ID: 428748
URI: http://eprints.soton.ac.uk/id/eprint/428748
ISSN: 1540-1650
PURE UUID: d1f2a2f9-817d-410f-adcf-024a87f0d4e5
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Date deposited: 07 Mar 2019 17:30
Last modified: 16 Mar 2024 04:39
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