Search Results for: 2004-02-11

The recent Australian High Court ruling in NZYQ v. Minister for Immigration, Citizenship and Multicultural Affairs has prompted significant developments in Australia’s immigration detention policies. This commentary examines the legal implications of the ruling, the subsequent legislative response, and the ongoing concerns raised by human rights and refugee advocates. A History of Mandatory Detention for [...]

On August 15, 2021, Taliban forces seized Kabul, bringing an end to the era of the internationally sponsored Islamic Republic of Afghanistan (IRA), and reviving the Islamic Emirate of Afghanistan (IEA) in its place. While the Taliban’s approach to issues of rights remains unchanged, their control over Afghanistan is virtually unchallenged for now, fostering inevitable [...]

The resumption of any kind of negotiations or diplomatic ties with the Taliban should come with principles and conditions. Such conditions should be no less than those enshrined in the fundamental principle of human rights and dignity and expected in a multi-ethnic and democratic country. Afghanistan cannot afford to settle for anything less than the [...]

“For by wise counsel, thou shalt make thy war.” Proverbs 24:6 Though one might think otherwise, there is no Palestinian state at present, nor has there ever been such a state in the past. Still, once the current Gaza War comes to an end – and whatever the tangible correlates of any war termination agreements [...]

Access to justice is a foundational principle of the rule of law and is often phrased as requiring “the right of equal access to justice for all” through governments providing “fair, transparent, effective, non-discriminatory and accountable services.” In Australia, this principle was described in Dietrich v. The Queen as “the equal justice for all principle.” [...]

Recently, Thailand passed an important human rights law following significant pressure from many parties including NGOs, victims of torture, relatives of the dead and missing, and investigative journalists. On 24 October 2022, the King signed into law the Prevention and Suppression of Torture and Enforced Disappearances Act which Parliament enacted on 26 August 2022. This [...]

JURIST Features Editor Ingrid Burke Friedman talked with Brian Concannon, a human rights lawyer and the executive director of the Institute for Justice and Democracy in Haiti about the ongoing civil unrest in Haiti. Below is a transcript of their conversation, which has been edited for clarity. Could you please tell us more about your [...]

In October 2021, Poland’s Constitutional Tribunal ruled that in the event of a conflict between the Constitution of Poland and the treaties of the European Union, the Polish Constitution will reign supreme. The Tribunal concluded that Article 4(3) of the Treaty on European Union, in conjunction with Article 279 of the Treaty on the Functioning of [...]

Recently, a federal US court issued warrants for arrest of several Belarusian officials for “aircraft piracy.” These indictments come as the result of year-long investigations into alleged improprieties and deceit by the Belarus government in the interception and diversion of an international flight in its airspace in May last year. The resulting exposé has left many [...]

In the digital world, you can be whomever you want, whenever you want. You can even be whatever you want, as there is no general rule mandating the adoption of human form online. And while you can have multiple identities, you can also have none at all — such as through anonymous blockchain transactions. Digital [...]