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OxHRH

New UK Ministry of Defence proposals risk impunity

Elizabeth S. Bates, Noelle Quenivet and Stuart Wallace - 4th November 2019

Criminal Justice

In July 2019, the UK Ministry of Defence (MOD) made a series of proposals on Legal Protections for Armed Forces Personnel and Veterans serving in operations outside the United Kingdom, and invited responses to a public consultation. On 1 October 2019, Dr. Stuart Wallace, Dr. Elizabeth Stubbins Bates and Dr. Noelle Quenivet published their response to the […]

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Bringing Back the Death Penalty in South Africa for Crimes Against Women

Jade Weiner - 1st October 2019

Criminal Justice

September is the start of spring in South Africa, marked by warmer weather and blossoming trees. However, this September was marred by brutal xenophobic attacks and lootings, child abductions and the rape and murder of young, vibrant, beautiful women. On 12 September, Minister Bheki Cele, released the 2018/19 annual crime statistics revealing an increase in […]

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OxHRH

Police Use of Automated Facial Recognition Technology: an Emerging Challenge for Human Rights

Jack Maxwell - 9th September 2019

Criminal Justice

Earlier this week, the High Court at Cardiff held that police use of automated facial recognition technology (AFR) is lawful. This is the first time that any court in the world has considered the issue. And it won’t be the last, as Edward Bridges, the claimant, has already announced that he will appeal the decision. […]

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OxHRH

“The Interests of Justice” – The ICC and the Case of Afghanistan

Ankita Gupta - 16th July 2019

Criminal Justice

In April 2019, Pre-Trial Chamber II of the International Criminal Court rejected the request to authorise an investigation into war crimes and crimes against humanity allegedly committed in Afghanistan by the Taliban, Afghan forces and International Actors, including the CIA and the American armed forces. This decision comes in the backdrop of immense backlash and […]

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OxHRH

Sudan’s Elusive Justice: Do Heads of States Enjoy Immunity from International Crimes?

Loureen Sayej - 1st July 2019

Criminal Justice

With the worsening situation in Sudan and the government’s systematic violations against the people of Sudan, questions arise about the fate of Omar al-Bashir (currently languishing in Sudan’s prisons), the immunity for Heads of States, if any, and the role of the International Criminal Court (ICC) and third States in securing justice. Last month, the […]

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OxHRH

Boris Johnson combats allegations of misconduct in public office

Felicity Williams - 5th June 2019

Criminal Justice

Boris Johnson has been summoned to appear in the criminal courts: Is the case just a political stunt or ground-breaking litigation? Following a crowd funding campaign, Mr Ball has brought a private prosecution concerning claims made by Mr Johnson during the 2016 EU referendum and 2017 General Election. The three counts, alleging misconduct in public office, […]

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OxHRH

US Supreme Court Affirms that there is No Right to a Painless Death

Siddharth Sijoria - 8th May 2019

Criminal Justice

On 1st April, a 5-4 majority of the United States Supreme Court reiterated that while the Eighth Amendment of the US Constitution prohibits cruel and unusual punishment, this does not guarantee a right to a painless death. In Bucklew v Precythe, the Court heard a challenge to the method of execution by lethal injection ‘as […]

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OxHRH

Beghal v UK: Stop and Search at the Border Violates Article 8 ECHR

Joseph Johnson - 1st May 2019

Criminal Justice

Schedule 7 of the Terrorism Act 2000 allows police officers at ports or border areas to question individuals for the purpose of determining whether they are a terrorist, as defined in s.40(1)(b). That power may be exercised ‘whether or not [the officer] has grounds for suspecting’ that a person is a terrorist (Schedule 7, paragraph 2(4)). […]

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OxHRH

Machine Decision-making in the criminal justice system: The FATAL4JUSTICE? Project

Karen Yeung - 8th April 2019

Criminal Justice

The capacity to collect, store and process digital data in real-time on cloud servers, and to subject vast data sets to train and feed machine learning algorithms, have enabled the development of machines capable of making decisions across an almost limitless array of applications. These ‘algorithmic decision-making’ (ADM) systems range from systems that offer guidance […]

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OxHRH

African Court on Human and Peoples’ Rights Affirms the Right to Access Documents Necessary for Appeals

Tetevi Davi - 25th March 2019

Criminal Justice

On 7 December 2018, the African Court on Human and Peoples’ Rights delivered its judgment in the case of Mgosi Mwita Makungu v. Tanzania. This judgment affirms states’ obligations to provide access to documents as part of an individual’s right to an appeal. It also clarifies aspects of the requirement to exhaust domestic remedies. Facts […]

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OxHRH

Madison v. Alabama: Chief Justice Roberts “Takes Back Control” of his Court

Alice Storey - 5th March 2019

Criminal Justice

Last week, the US Supreme Court spared the life of Vernon Madison, at least temporarily, by remanding his case back to the lower court to decide whether his dementia renders him unable to be executed. Whilst this was an important confirmation of death penalty precedent, the decision is perhaps even more interesting for the dynamics […]

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OxHRH

Re: Inhuman conditions in 1382 Prisons – Development in Indian Prisoner’s Rights

Lakshana Ramakrishnan - 27th February 2019

Criminal Justice

In June 2013, Justice R C Lahoti, a retired Chief Justice of the Indian Supreme Court, wrote to the then Chief Justice on overcrowding, unnatural deaths, inadequacy of staff and the inadequate training of staff in the Indian prison system. The letter was admitted as a writ petition through an order passed in July that […]

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