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Managing Secrecy: R (Miranda) v SSHD

Managing Secrecy: R (Miranda) v SSHD

Much has already been written about the implications of R (Miranda) v Secretary of State for the Home Department for Schedule 7 Terrorism Act 2007. However, leaving that to one side, I want to reflect on the questions about secrecy that Miranda touches on. Although some have criticised the judgment for equating investigative journalism with [...]

Indian Supreme Court Changes Stance on Death Penalty: Holds Delay to be a Ground for Commutation

Indian Supreme Court Changes Stance on Death Penalty: Holds Delay to be a Ground for Commutation

Recently, in the case of Shatrughan Chauhan v. Union of India, a three-judge bench of the Indian Supreme Court delivered a landmark judgment on the death penalty: holding, in particular, that an excessive delay in carrying out the death sentence was an essential mitigating factor in a plea for commutation. In doing so, it joined [...]

The UN Sanctions Regime Against Terrorists: Suggested Changes

The UN Sanctions Regime Against Terrorists: Suggested Changes

The current UN sanctions regime against terrorists does not secure due process rights. Allowing the International Criminal Court to deal with these cases would be a preferable solution, as it would prevent violations of such rights. Overview Two years before the 9/11 attacks, the UN Security Council adopted Resolution 1267 (1999), establishing a sanctions regime [...]

Drones, Armed Conflict and Lawful Killing: Is the US at war?

Drones, Armed Conflict and Lawful Killing: Is the US at war?

On 12 November, Ben Emmerson QC, UN Special Rapporteur on Counter-Terrorism and Human Rights, addressed the use of drones at a seminar hosted by the Oxford Martin Programme on Human Rights for Future Generations and the Oxford Human Rights Hub. Many believe that the use of drones to kill persons that the US regards as [...]

Al-Jedda: Judicial Commitment to the Universal Application of the Right to a Nationality

Al-Jedda: Judicial Commitment to the Universal Application of the Right to a Nationality

The Immigration, Asylum and Nationality Act 2006 provides that the Secretary of State may, as a general rule, deprive an individual of British citizenship where she is satisfied that this would be conducive to the public good. However, this is subject to an exception: such deprivation of citizenship is not permitted where the Secretary of [...]

Guantanamo Military Commissions: Reflections from a Legal Observer – Part 3

Guantanamo Military Commissions: Reflections from a Legal Observer – Part 3

Editor’s note: This is the third and final post of a multi-part blog. To view earlier posts on this subject, please view Part I and Part II. In my last post, I laid out reasons why Guantanamo detainees currently before military commissions should be tried in federal court.  Of course, some counter arguments to this [...]

Guantanamo Military Commissions: Reflections from a Legal Observer – Part 2

Guantanamo Military Commissions: Reflections from a Legal Observer – Part 2

There is perhaps no more controversial space in the world than the U.S. Naval Station at Guantanamo Bay, Cuba. For many, Guantanamo represents the very worst of the American prosecution of its post-9/11 conflict: executive overreach, detainee abuse and neglect, and modest judicial oversight.  As noted in Part I of this three-part post, Guantanamo, a military [...]

Guantanamo Military Commissions: Reflections from a Legal Observer – Part 1

Guantanamo Military Commissions: Reflections from a Legal Observer – Part 1

There is perhaps no more controversial space in the world than the U.S. Naval Station at Guantanamo Bay, Cuba. For many, Guantanamo represents the very worst of the American prosecution of its post-9/11 conflict: executive overreach, detainee abuse and neglect, and modest judicial oversight.  In the purported balance between liberty and security, Guantanamo has come [...]

Kadi II: Fundamental Rights and International Terrorism

Kadi II: Fundamental Rights and International Terrorism

In its judgment in Kadi II (18 July 2013), the Court of Justice of the European Union (Grand Chamber) sought to ascertain the content of procedural rights of suspected terrorists and strike a balance between the imperative need to combat international terrorism and the protection of fundamental rights and freedoms of suspected terrorists. Mr Kadi’s [...]

Independent Review of Australian Anti-Terrorism Laws: An Effective Oversight Mechanism?

Independent Review of Australian Anti-Terrorism Laws: An Effective Oversight Mechanism?

On Tuesday 14 May, the second report of Australia’s Independent National Security Legislation Monitor was tabled in the federal parliament. The report recommended sweeping reforms of a number of Australia’s most contentious anti-terrorism laws, including those providing for control orders, preventative detention orders and the questioning and detention of non-suspects by the Australian Security Intelligence [...]

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A Quick Overview

Blog posts have been coming in thick and fast over the last month. To help you get up to speed, the editorial team has put together a quick summary of some of the major themes. Justice Verma Committee on Indian sexual violence laws The Justice Verma Committee submitted its report on the reform of India’s [...]