Term

Strategic litigation

Strategic litigation aims to bring about broad societal changes beyond the scope of the individual case at hand. It aims to use legal means to tackle injustices that have not been adequately addressed in law or politics.

It gives a platform for people affected by rights violations to be seen and heard, triggers discussion of these violations, and highlights weaknesses and gaps in the law.

Successful strategic litigation brings about lasting political, economic or social changes and develops the existing law. Public outreach materials accompanying the case can help to explain the context of the proceedings. This increases the progressive and precedent-setting impact of the legal action.

Bulgaria

Bulgaria’s pushback practice condemned by ECtHR

Push-backs

Bulgaria’s systematic expulsion of refugees and migrants to Turkey without an examination of the individual risk of ill-treatment violates the European Convention on Human Rights, the European Court of Human Rights ruled in July 2021.

Syria

Lafarge in Syria: Accusations of complicity in grave human rights violations

Armed conflict

Eleven Syrian former employees of the French company Lafarge submitted a criminal complaint against Lafarge in 2016. By maintaining business relations with the terrorist group ISIS in Syria, the company may have contributed to the financing of the group, thereby making them complicit in war crimes and crimes against humanity.

USA

The Rumsfeld torture cases

Torture

Between 2004 and 2007, three complaints were filed in Germany and in France against members of the US Government, including former Secretary of Defense Donald Rumsfeld and members of the military forces in connection with war crimes, torture and other criminal acts in the military prisons of Guantánamo and Abu Ghraib.