Saturday, June 2, 2018

ECtHR decisions in Al Nashiri and Abu Zubaydah cases

On May 31, 2018, the European Court of Human Rights handed down its "black site" decisions in Abu Zubaydah v. Lithuania and Al Nashiri v. Romania. Katherine Cheasty Kornman discussed them here for Just Security. She writes that
the Court found that both States, through their cooperation with CIA extraordinary renditions of the applicants, had committed multiple violations of the European Convention on Human Rights (ECHR). In reaching its findings against the two European States, the Court also delivered blistering criticism of the U.S. Military Commissions as well as the CIA’s interrogation practices, black sites, and High-Value Detainee Program.

The judgments have important implications, including the prospect that there may be prosecutions before the International Criminal Court (ICC) related to these incidents, possible constraints on future participation of European states in national security operations involving the United States, and more.

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