NDLI: Does European Human Rights Law Capture War on Terror Activity

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Does European Human Rights Law Capture War on Terror Activity

Content Provider	Semantic Scholar
Author	Guild, Elspeth
Copyright Year	2013
Abstract	On 12 September 2012, the European Court of Human Rights handed down judgment in a complicated case regarding the freezing of assets and travel ban on a dual Italian Egyptian national resident in an Italian enclave surrounded by Switzerland. The human right on which the case was decided was the man's claim to respect for his private and family life. The security claim was that he was engaged in terrorist activities (mainly unspecified) and that the freezing of his assets and ban on travel were necessary to protect international security as determined by the UN Security Council. Many issues arise in the case, not least that of the entitlement to a remedy which was central to the Kadi case in the Court of Justice of the European Union. In this contribution I examine the role of legal expertise what claims are made in the name of legal expertise and how does the Court of Human Rights understand those claims. In the examination of the claims regarding legal expertise, the meaning itself of legal expertise as a concept becomes contested and embedded in practices of security and confidentiality. To what extent does a claim to legal expertise require that expertise to be accessible to those outside of the specific group which created it? Can a claim to legal expertise be confidential and at the same time performative in the face of a human rights challenge? These are the core questions of this article which are answered through a close reading of the reasoning of the Human Rights Court.
Starting Page	189
Ending Page	201
Page Count	13
File Format	PDF HTM / HTML
Alternate Webpage(s)	https://repository.ubn.ru.nl/bitstream/handle/2066/131818/131818.pdf?sequence=1
Alternate Webpage(s)	http://repository.ubn.ru.nl/bitstream/handle/2066/131818/131818.pdf?sequence=1
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article

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