‘Extraordinary renditions’: cooperation turning into complicity

Prisca Feihle ()

Chapter 6 in An International Human Rights Law of Cooperation, 2025, pp 136-166 from Edward Elgar Publishing

Abstract: This chapter unfolds how the European Court of Human Rights (ECtHR) deals with cases of ‘extraordinary renditions’ in which Council of Europe member states were implicated in acts of inter alia torture and unlawful detention carried out by the CIA in their territory. Here, the ECtHR unequivocally rejects that the forms of cooperation concerned would serve any legitimate purpose from a human rights perspective. Instead, because it enables serious human rights violations, international cooperation is conceived of as complicity. The chapter carves out how, as a consequence, the ECtHR attaches responsibility under human rights to cooperative conduct of states in a far-reaching manner. Nonetheless, ambiguities remain, in particular whether the jurisprudence can be understood to develop a human-rights-specific complicity rule.

Keywords: Extraordinary renditions; Complicity; Article 16 ARSIWA; Acquiescence or connivance; Non-refoulement; Right to truth (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035335787
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