Current Development, the Council of Europe Addresses CIA Rendition and Detention Program

American Journal of International Law, Vol. 101, p. 442, 2007

Cardozo Legal Studies Research Paper No. 197

13 Pages Posted: 3 Sep 2007 Last revised: 11 Nov 2007

Monica Hakimi

University of Michigan Law School

Abstract

This "current development" piece examines the response of the Council of Europe to evidence that European states participated in the CIA detention and rendition program. Most notably, the Council's Venice Commission issued a legal opinion concluding that participation in the CIA program is incompatible with the European Convention of Human Rights (ECHR); and that member states are obligated, not only to refrain from participating themselves in the program, but also to prevent other states from engaging in it in member state jurisdictions. With that latter conclusion, the Commission imposes on member states the obligation to police the activities of other states and effectively imputes to those other states obligations under the ECHR. This is likely to complicate future U.S. efforts to engage in intelligence operations in, through, or with Europe.

Keywords: CIA, rendition, Venice Commission, terrorism

Suggested Citation

Hakimi, Monica, Current Development, the Council of Europe Addresses CIA Rendition and Detention Program. American Journal of International Law, Vol. 101, p. 442, 2007; Cardozo Legal Studies Research Paper No. 197. Available at SSRN: https://ssrn.com/abstract=1010349

Monica Hakimi (Contact Author)

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

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