The Role of the European Court of Human Rights in the Development of Rules on Universal Civil Jurisdiction – Naït-Liman v Switzerland in the transition between the Chamber and the Grand Chamber

This chapter reflects on the European Court of Human Rights’ (ECtHR) Grand Chamber judgment in Naït-Liman v Switzerland. Holding that Switzerland did not infringe Mr Naït-Liman’s right of access to a court under Article 6 of the Convention, the ECtHR cautiously avoided any form of ‘judicial law-making’, in keeping with a ‘conservative’ reading of the role of international courts and tribunals in contemporary international law. This notwithstanding, the Grand Chamber arguably gave much better consideration than the Chamber to the Court’s role in the development of international law, stating in rather clear terms that the exercise of universal civil jurisdiction is lawful – and, indeed, desirable – from the perspective of the European Convention of Human Rights.