Human Rights and Extraordinary Rendition: the International Responsibility of European States

Abstract

This paper considers the extent to which European States were involved in the CIA extraordinary rendition programme, either passively or actively. It opens with an account of the evolution of the programme from the largely lawful practice of rendition, through to extraordinary rendition. There is a consideration of a number of reported cases in order to place the practice in context, including those of Binyam Mohammed and Abu Omar. Chapter Two provides an overview of the evidence presented with regard to European States, with attention given to publications from human rights organisations such as Amnesty International, information gathered by the Council of Europe, and opinions offered by organisations such as the Eminent Jurists Panel and the Venice Commission. The focus then shifts to a number of international legal instruments which provide evidence for the illegality of extraordinary rendition, including the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the Convention against Torture and the Geneva Conventions of 1949. Customary international law is also considered. Chapter Four draws the previous two chapters together, beginning with a consideration of the rules put forward in the International Law Commission’s Articles on State Responsibility regarding how international responsibility will attach to the actions of States. It is argued that in most instances, European States have acted in a way which was contrary to their obligations.