European Court of Human Rights issues landmark ruling on mass surveillance

European Court of Human Rights issues landmark ruling on mass surveillance

The ICJ welcomes the ruling by the European Court of Human Rights in the case of B.B.W. and others v. the United Kingdom, setting out important guarantees against mass surveillance online.

On 25 May, the Grand Chamber of the European Court of Human Rights issued its final ruling in this case in which the ICJ intervened. The case deals with the human rights implications of the system of intelligence mass surveillance of the United Kingdom, which was unveiled by the revelations of Edward Snowden.

“The judgment sets out clear guarantees to be respected in order to carry out bulk interception of communications”, said Massimo Frigo, Senior Legal Adviser for the ICJ Europe and Central Asia Programme, “it is a first important step towards ensuring that protection of human rights is as effective online as it is offline. All Member States of the Council of Europe must now ensure that their surveillance systems respect these minimal guarantees.”

In its judgment, the Court recognised the difference between surveillance of individual communications and bulk interception of communications with the use of metadata and introduces a set of procedural guarantees to be respected at initial, intermediary and final stages of bulk data surveillance.

The Court found that these guarantees also apply when a State receives  intelligence based on bulk interception carried out by foreign States.

The judgment, however, does not fully address the implications for human rights of States’ participation in close transnational surveillance cooperation such as the system of the “Five Eyes” including the UK, USA, Canada, Australia and New Zealand.

“These transnational surveillance systems entail a higher level of responsibility by States under international human rights law in light of the high risk of bypassing national remedies”, said Massimo Frigo, “We hope the Court will be able to address these important issues in the future to strengthen the protection of human rights online in Europe.”

Contact:

Massimo Frigo, ICJ Senior Legal Adviser, t: +41797499949, e: massimo.frigo(a)icj.org

CORE and ICJ to intervene in UK Supreme Court case

CORE and ICJ to intervene in UK Supreme Court case

CORE and the ICJ have been granted permission to intervene in an appeal before the United Kingdom Supreme Court (Vedanta Resources PLC and another v. Lungowe and others).

The two organizations will provide evidence on comparative law and international standards regarding the responsibilities of companies in relation to human rights and environmental protection, in particular the recognition of a duty of care of parent companies in relation to the communities living in the surrounding of companies operations.

In August 2015, 1800 Zambian villagers launched a legal action in the UK against mining company Vedanta Resources Plc and its Zambian subsidiary, Konkola Copper Mines, claiming that their water sources and farming land were poisoned from the copper mining operations of both companies.

Last year, the Court of Appeal upheld a High Court ruling that the Zambian claimants had a legal right to bring a claim through the courts in the UK and that a parent company may owe a duty of care to third parties affected by its subsidiary. Vedanta is appealing this ruling in the Supreme Court.

CORE and the ICJ have been lead participants in the elaboration processes of all major international instruments in the field of businesses’ human rights responsibilities in the last decade and are also specially situated to provide information on the state of the law in various jurisdictions.

Our submission is that the Court of Appeal’s conclusion that Vedanta arguably owed a duty of care to the claimants is supported by: international standards regarding the responsibilities of companies in relation to human rights and environmental protection; material published by the UK government with the aim of implementing those international standards; and comparative law jurisprudence.

The hearing will take place on 15-16 January 2019.

Help create a documentary on Sir Nigel Rodley

Help create a documentary on Sir Nigel Rodley

Sir Nigel Rodley, ICJ President, fought tirelessly for human rights in a remarkable career as a jurist spanning more than five decades. You can help the creation of a documentary on his life and achievements.

Human Rights in the Picture, in close collaboration with the Human Rights Centre of Essex University and Docudon Production, hopes to create a documentary on Sir Nigel’s life story and his outstanding achievements to inspire, teach and shape new generations of students and human rights practitioners.

To make this happen, they are asking for help.

Human Rights in the Picture is raising 60.000 euros by crowdfunding in 42 days.

View the teaser of the documentary

For further details, and to make a donation, please see here: www.crowdfundingNigelRodleyfilm.org

The ICJ mourns its President Professor Sir Nigel Rodley

The ICJ mourns its President Professor Sir Nigel Rodley

The ICJ President Professor Sir Nigel Rodley passed away today in Colchester (UK) at the age of 75, following a short illness.

Elected President of the ICJ in 2012, he was serving his third term as such. He had been first elected to the Commission in 2003 and re-elected in 2008 and 2013. He served as a member of the Executive Committee from 2004-2006.

He was also a Council member of JUSTICE, the British Section of the International Commission of Jurists.

Professor Sir Nigel Rodley was a towering figure in the area of international human rights, playing many roles as an educator, as an academic, as an activist and as an advocate.

He established and expanded the first human rights law department at Amnesty International in the 1970s and 1980s, leading the organization’s work on the development and promotion on international legal standards.

He spent eight years, from 1993 to 2001, as the United Nations’ Special Rapporteur on Torture, visiting dozens of countries and working tenaciously toward the eradication of torture worldwide.

From 2001 to 2016 he served on the UN Human Rights Committee, including a period as it Chairman, where he often served as the intellectual author of the Committee’s most prominent accomplishments.

Thousands of students of international human rights law – many of today’s leading human rights defenders – were mentored by him at the University of Essex.

He published extensively in the human rights field, and was one of the world’s leading experts on the question of torture and the treatment of prisoners under international law.

“Sir Nigel was a stalwart of the human rights movement and his firm commitment to the promotion of human rights and rule of law has had a deep and lasting impact that will continue in his absence,” said Wilder Tayler, the ICJ Secretary General.

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