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The growing field of "human rights" litigation in the world today : context, trends, opportunities, and challenges -- Understanding impact -- Case study : Hadijatou Mani v Niger : slavery before the ECOWAS court -- Case study : Plan de Sanchez v Guatemala : genocide in Guatemala -- Case study : arbitrary detention and extraordinary rendition : litigating the War on Terror? -- Case study : justice for enforced disappearance in Argentina -- Case study : litigating Palestinian land rights -- Litigating strategically and meeting the challenges

This article reflects on the proliferation of responses to the so-called phenomenon of "foreign terrorist fighters," and the profound human rights challenges they give rise to. It considers national, regional and international developments, many spurred by an activist Security Council, through which expanded powers have been assumed and rights restricted by reference to the need to respond to ftf threats. A series of uncomfortable relationships emerge from this analysis. They include for example tensions: between the evolving and still relatively superficial understanding of the nature and source of uncertain threats and contributing factors on the one hand, and the onerous and far-reaching nature of responses directed against them on the other; between the expansive use of coercive measures including criminal law, and basic constraining principles of criminal law upon which its legitimacy and power depends, such as individual culpability, harm principle and remoteness; or between the original purposes of most ftf measures and their impact in practice, on the operation of humanitarian law, on humanitarian workers and human rights defenders, and on the rule of law. Exceptional ftf measures continue to spread their reach and creep into other areas of security and organised crime. The article highlights the need to consider the short and long term impact, on the full range of rights of many, of the array of administrative, criminal and other measures being passed into law and implemented in practice across the globe in the name of responding to the ill-defined phenomenon of "ftfs".

AbstractThe 'war on terror' has led to grave human rights violations and, in response, to a growing volume of human rights litigation. This article provides an overview of litigation that has unfolded in recent years in relation to issues such as arbitrary detention, torture and ill-treatment, extraordinary rendition, extraterritorial application of human rights norms and the creeping reach of the 'terrorism' label. These cases provide a prism through which are displayed key characteristics of the war on terror as it affects human rights, and enables us to begin to ask questions regarding the role of the courts and the impact of human rights litigation in this area.

The 'war on terror' has led to grave human rights violations and, in response, to a growing volume of human rights litigation. This article provides an overview of litigation that has unfolded in recent years in relation to issues such as arbitrary detention, torture and ill-treatment, extraordinary rendition, extraterritorial application of human rights norms and the creeping reach of the 'terrorism' label. These cases provide a prism through which are displayed key characteristics of the war on terror as it affects human rights, and enables us to begin to ask questions regarding the role of the courts and the impact of human rights litigation in this area. Adapted from the source document.

When the treaty on the International Criminal Court (ICC) is ratified by the UN member states, it will have worldwide jurisdiction & the ability to prosecute atrocities immediately. Victims will have a participatory role in the ICC process & be eligible for reparations. The ICC will be able to encourage & strengthen national prosecutions. Key strengths & weaknesses of major aspects of the ICC Statute, e.g., on war crimes, jurisdiction, the Security Council, & national court relationships, are described. The supporting & opposing positions of UN members on this statute are discussed. M. Pflum