Students Staff

25 September 2014

Essex experts influence ECHR decision

Filed under: Latest news, Research impact — Tags: , , , — Communications Office @ 4:12 pm
Professor Noam Lubell

Professor Noam Lubell

Judges at the European Court of Human Rights (ECHR) have found that the detention of an Iraqi national by British forces in 2003 was not arbitrary, after experts from our School of Law and Human Rights Centre supplied independent advice.

Professors Françoise Hampson and Noam Lubell provided guidance on how human rights obligations and the law of armed conflict should be applied in the case of Hassan v the UK.

Professor Lubell explained: “The detention regime under the law of armed conflict significantly differs from human rights law in a number of aspects, and the Court need to examine the legality of British procedures in a complex case to which both bodies of law apply.”

The Essex lawyers provided the Court with a detailed expert opinion, analysing the applicable law, and suggesting how the two bodies of law could be applied together in practice. The judgement noted in detail the analysis provided by them.

Professor Lubell added: “It’s a very important case, because the Court has gone further than ever before in presenting and clarifying its approach to international humanitarian law and human rights obligations during armed conflict.”

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9 July 2014

ECHR takes advice from Essex lawyers

Filed under: Latest news, Research impact — Tags: , , — Communications Office @ 12:24 pm

Two Essex lawyers have lent their human rights expertise to a case pending before the European Court of Human Rights (ECHR).

Professors Françoise Hampson and Noam Lubell have advised the ECHR on the complexities of human rights obligations during armed conflicts, in relation to a landmark case relating to the 2008 war between Russia and Georgia.

They submitted an amicus curiae, an independent expert briefing which has the potential to influence the decision of the court.

Their submission addresses the scope of extra-territorial applicability of the European Convention on Human Rights, as well as the relationship between the law of armed conflict and human rights law.

It refers to an earlier amicus curiae intervention, also written by Professors Hampson and Lubell, on a separate case, Hassan v UK, which was submitted to the ECHR in October 2013.

Both amicus curiae are available to read on the Essex Research Repository.

 

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12 June 2014

BBC interview explains Bergdahl release

Filed under: Latest news, Research impact — Tags: , — Communications Office @ 3:18 pm
Professor Noam Lubell

Professor Noam Lubell

As news of the release of US Sergeant Bowe Bergdahl, in exchange for five Guantánamo Bay detainees, hit the headlines, Essex’s Professor Noam Lubell explained on the BBC the legal framework for exchange of prisoners.

Speaking to news reader Nicholas Owen, the Head of our School of Law outlined the difference between hostage-taking and the incarceration of prisoners of war to ensure they cannot continue to take part in fighting.

Responding to media criticism of the US administration’s decision to release five prisoners in exchange for just one US soldier, Professor Lubell explained: “Unless individuals are charged and convicted for a crime, then once the hostilities are over there’s an expectation in fact that both sides would release prisoners.

“So, if the US is claiming, and they are saying that they’re moving towards an end to, at least their involvement in the Afghan conflict, then it makes sense to be releasing prisoners on both sides. In fact, it’s not necessarily about a swap, both sides should be working towards release of prisoners taken during this conflict.”

Watch Professor Lubell’s interview in full.

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14 November 2013

Essex experts offer opinion to ECHR

Filed under: Latest news, Research impact — Tags: , , , — Communications Office @ 4:48 pm
Professor Noam Lubell

Professor Noam Lubell

Academics from the School of Law have advised the European Court of Human Rights on how it might effectively apply human rights law in armed conflict situations.

Professors Francoise Hampson and Noam Lubell, both also of the Human Rights Centre, submitted their expert opinion in a case concerning the detention of an individual by the UK during the Iraq conflict.

Professor Lubell explained: “Human rights law and the law of armed conflict are two separate bodies of law, yet they can both be applicable in situations such as military occupation.

“Our intervention provided the Court with an analysis of how these two bodies of law interact with each other, and suggested ways in which the Court might address cases arising from armed conflicts. It also provided information on the legal regulation of detention during armed conflict.”

An oral hearing of the case takes place in December.

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