332 research outputs found
Possible Implications of the Dutch MH17 Judgment for the Netherlandsā Inter-State Case before the ECtHR
A clear risk of what? The Egyptian navy, the Dutch arms export policy and linguistic inconsistencies in the EU Common Position
A clear risk of what? The Egyptian navy, the Dutch arms export policy and linguistic inconsistencies in the EU Common Position
Recasting the Dual-Use Regulation ā Digital Surveillance Technology, Human Rights, Due Diligence and Transparency
The Export of Goods Used for Torture and the Applicability of Article 3 ECHR
Article 3 of the European Convention on Human Rights (echr or Convention) is currently not understood to apply when Council of Europe member states export goods that could be used for torture, the death penalty, or other ill-treatment in third states. In 2021, the Committee of Ministers of the Council of Europe recommended states to take measures against trade in such goods, also recalling Article 3 echr. Following an analysis of relevant rules in the EU Anti-Torture Regulation, the UN Convention Against Torture, and the echr, the paper demonstrates how Article 3 echr may be interpreted so as to apply to export. As the person (at risk of) suffering torture, the death penalty, or other ill-treatment will be located abroad, the paper examines three alternative models for extraterritorial jurisdiction. It concludes that, at a minimum, the Convention could accommodate an obligation to investigate after an export has taken place
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