Strategic Human Rights Litigation

Strategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies 'strategically' to protect and advance human rights. This book provides a framework for understanding SHRL and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to. It suggests a reframing of how we view the impact of SHRL in its multiple dimensions, both positive and negative. Five detailed case studies, drawn predominantly from the author's own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina; torture and detention in the 'war on terror'; and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world. Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future.

Suggests how effective litigation might be developed by human rights lawyers going forward.

Part I1. IntroductionI. Introducing 'Strategic' Human Rights LitigationII. Overview of Chapters2. The Growing Field of 'Human Rights' Litigation in the World Today: Context, Trends, Opportunities and ChallengesI. An Expanding Panorama of Human Rights LitigationII. Challenges and Limitations to Pursuing Human Rights Litigation3. Understanding Impact: Bursting the Bubble on the Champagne MomentI. Adjusting the Lenses to Capture the Impact of SHRLII. Approaches to Impact and the Meaning of SuccessIII. Monitoring and (the Challenge of) Measuring ImpactIV. Classifications and Distinctions4. Identifying Levels of ImpactI. Victim ImpactII. Legal ImpactIII. Impact on Policy and PracticeIV. Institutional Impact, Including Judicial StrengtheningV. Information, Truth and the Historical RecordVI. Social or Cultural ImpactVII. Mobilisation and EmpowermentVIII. Democracy and the Rule of Law ImpactIX. Negative ImpactPart II5. Case Study-Hadijatou Mani v Niger: Slavery before the ECOWAS CourtI. IntroductionII. BackgroundIII. The Hadijatou Mani Case before the ECOWAS CourtIV. The Impact of the Mani CaseV. Conclusions6. Case Study-Plan de Sánchez v Guatemala: Genocide in the Inter-American SystemI. IntroductionII. BackgroundIII. The Plan de Sánchez CaseIV. The Impact of the Plan de Sánchez LitigationV. Conclusions7. Case Study-Arbitrary Detention, Torture and Extraordinary Rendition: Litigating the 'War on Terror'I. IntroductionII. Litigating Arbitrary DetentionIII. Litigating Rendition and TortureIV. Conclusions8. Case Study-Justice for Enforced Disappearance in ArgentinaI. IntroductionII. BackgroundIII. The Nature and Cumulative Impact of Litigation on Enforced Disappearance in ArgentinaIV. Conclusions9. Case Study-Litigating Palestinian Land RightsI. IntroductionII. Background to Land Rights Litigation in Israeli CourtsIII. Impact of Litigation on Land Rights before Israeli Courts?IV. International Litigation on Palestinian Land RightsV. ConclusionsPart III10. Litigating Strategically and Meeting the ChallengesI. Strategic Planning (and its Limits)II. Identifying Goals and Realistically Assessing RisksIII. Litigating in Context: Understanding, Naming and Framing the ProblemIV. Litigating for the Long Term: Incremental Change and the Question of TimingV. Strategic Nibbling at the Edges of Injustice v Judicial Confrontation?VI. Exploiting Litigation Synergies: Movement Building, Legal Advocacy and Reaching beyond the CourtVII. Case Selection, Sourcing and Tactics: Is there a Right Case at the Right Time?VIII. Strategic Use of ForaIX. The Victim in the Human Rights Process: Whose Case is this Anyway?X. Additional Litigation Roles: Amicus, Expert or Observer?XI. Effecting Change in Real Time: Litigating to Stop or Prevent ViolationsXII. Creative Remedies and ImplementationXIII. The Economy of Human Rights Litigation11. Conclusion: Appreciating and Demythologising Strategic Human Rights Litigation