Case Studies
Legal submissions to international bodies can significantly impact human rights, justice, and policy. Below are several notable examples of submissions that have made a difference, along with details on their context, content, and outcomes.
United Nations Human Rights Committee (UNHRC)
Case: Khaled El-Masri v. The Former Yugoslav Republic of Macedonia
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Context: Khaled El-Masri, a German citizen of Lebanese descent, was detained by Macedonian authorities in 2003 while traveling. He claimed he was subject to extraordinary rendition by the CIA and held in a secret prison, where he was tortured.
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Submission Details: El-Masri submitted a complaint to the UNHRC under the International Covenant on Civil and Political Rights (ICCPR), alleging violations of his rights, including arbitrary detention and torture.
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Impact: In 2012, the UNHRC ruled in favor of El-Masri, concluding that Macedonia had violated multiple articles of the ICCPR, including the right to liberty and security and the prohibition of torture. The Committee urged the Macedonian government to provide remedies, including compensation and a thorough investigation into the allegations.
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Outcome: This case highlighted the issue of extraordinary rendition and torture, drawing international attention to the practices of various states in the context of counter-terrorism operations. It contributed to ongoing discussions about human rights in the context of national security.
European Court of Human Rights (ECHR)
Case: Hirst v. United Kingdom
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Context: John Hirst was a prisoner in the UK who challenged the law prohibiting prisoners from voting. He argued that this violated his rights under Article 3 of Protocol 1 of the European Convention on Human Rights (ECHR).
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Submission Details: Hirst submitted an application to the ECHR claiming that the blanket ban on prisoner voting was disproportionate and discriminatory.
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Impact: In 2005, the ECHR ruled in favor of Hirst, stating that the UK’s law on voting rights for prisoners was incompatible with the European Convention. The Court emphasized that individual states must justify such restrictions.
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Outcome: This ruling led to significant debate within the UK Parliament about the voting rights of prisoners, ultimately prompting the government to reconsider its stance and propose reforms to align with the ECHR’s decision.
Inter-American Commission on Human Rights (IACHR)
Case: The Case of the Massacre of El Mozote
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Context: In 1981, a massacre occurred in El Mozote, El Salvador, where government forces killed over 800 civilians, including women and children, during the Salvadoran Civil War.
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Submission Details: Survivors and family members of the victims submitted a petition to the IACHR, seeking justice and accountability for the human rights violations committed during the massacre.
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Impact: In 2012, the IACHR issued a report condemning the massacre and highlighting the failure of the Salvadoran state to provide justice. The Commission called on the Salvadoran government to investigate the killings and provide reparations to the victims’ families.
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Outcome: The IACHR's decision raised international awareness of the massacre and contributed to ongoing efforts to seek justice for the victims. It also pressured the Salvadoran government to consider reforms in its approach to human rights investigations.
International Criminal Court
(ICC)
Case: The Prosecutor v. Thomas Lubanga Dyilo
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Context: Thomas Lubanga, a Congolese warlord, was charged with war crimes, including the conscription of child soldiers during the conflict in the Democratic Republic of the Congo.
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Submission Details: The ICC received evidence and submissions from various NGOs and human rights organizations documenting the recruitment of child soldiers and the impact on families and communities.
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Impact: In 2012, Lubanga was convicted, becoming the first person to be found guilty by the ICC. The case set a precedent for holding individuals accountable for the use of child soldiers under international law.
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Outcome: The ruling sent a strong message about the international community's commitment to protecting children in conflict zones. It also encouraged other countries to strengthen their legal frameworks to prevent the recruitment of child soldiers.