Human Rights

"Since the inception of the 'War on Terrorism' the absolute prohibition on refoulement under Article 3 of the European Convention on Human Rights has been the subject of intense criticism by some European states. The United Kingdom, in particular, has argued that the principle of non-refoulement under Article 3 (i.e. that a state may not transfer an individual (regardless of the danger they may pose) to any state where there is a "real risk" of subjection to torture, inhuman or degrading treatment or punishment) is inappropriate when applied to suspected terrorists considered to pose a dangerous threat to the safety and welfare of the community as a whole. In addition, numerous European states have begun to deport individuals suspected of terrorist involvement to states with notorious reputations for ill-treatment on the basis of Diplomatic Assurances.

In Saadi v Italy - the case considered in this short note - the European Court of Human Rights firmly reasserted the absolute nature of Article 3 and held that the pre-2001 test of no-refoulement was not subject to alteration or 'balancing' on the basis of the perceived dangerousness of the individual concerned.

This case note, forthcoming in final form in the American Journal of International Law, outlines the Article 3 decision in the case and contrasts the rigour of the Strasbourg jurisprudence on this matter with the US Supreme Court's decision regarding transfer to the Iraqi government in Munaf v Geren (2008), considering whether this disparity might result in any operational difficulties in circumstances - such as Iraq and Afghanistan - where United States and United Kingdom forces are collaborating in military operations. "

This article examines the role of state intervention on itinerant artists in the Cirebon region one year before and after Suharto's 1965 coup d'état (Gestok). Two artist identification cards from Majalengka are central to the study: the first one was inaugurated six months before the coup, the second card anticipated Gestok's first anniversary. Although the registries were launched by two political regimes with disparate agendas, both were issued by the Regency of Majalengka's Education and Culture Department.

In his most recent book, National Responsibility and Global Justice, David Miller presents an account of human rights grounded on the idea of basic human needs. Miller argues that his account can overcome what he regards as a central problem for human rights theory: the need to provide a ‘non-sectarian’ justification for human rights, one that does not rely on reasons that people from non-liberal societies should find objectionable. The list of human rights that Miller’s account generates is, however, minimal when compared to those found in human rights documents, such as the Universal Declaration of Human Rights and the European Convention on Human Rights. This article argues that contrary to what Miller claims, his account is ‘sectarian’, since it relies on reasons that some non-liberals should find objectionable given their divergent values. It goes on to question whether ‘sectarianism’, as Miller defines it, is, in any case, a problem for human rights theory. The article concludes that Miller provides us with no reason to abandon commitment to a more extensive list of human rights.