Counter-terrorism

A Human Rights Perspective of the Supreme Court Verdict on the Basic Structure Doctrine

A Human Rights Perspective of the Supreme Court Verdict on the Basic Structure Doctrine

In a recent verdict by the Supreme Court of Pakistan (“SCP”), the constitutionality of, inter alia, the 21st amendment—whereby the Federal Government can transfer the trial of certain terrorism-related offences...
India, the Land of Ironies: A Constitutional Democracy’s Dance with the Death Penalty

India, the Land of Ironies: A Constitutional Democracy’s Dance with the Death Penalty

India is a country of ironies. Barely a fortnight ago, we had a consultation on the death penalty organised by the Law Commission of India where participants advocated for the...
"You Have the Right to an Attorney that We Approve of”: Right to Counsel under Iran's New Criminal Procedure Code

"You Have the Right to an Attorney that We Approve of”: Right to Counsel under Iran's New Criminal Procedure Code

Under Iran’s new Criminal Procedure Code only lawyers pre-approved by the Head of the Judiciary may intervene during the investigation stage in security related cases. This is a huge blow...
The ‘Anderson Report’ on Surveillance Powers Fudges the Issues, but its Findings Should be Implemented

The ‘Anderson Report’ on Surveillance Powers Fudges the Issues, but its Findings Should be Implemented

Pressure on the government to reform the use of surveillance powers within the UK has recently ratcheted up another notch. A few months ago the Intelligence and Security Committee of...
Anti-Terrorism Review Reform: Some Considerations

Anti-Terrorism Review Reform: Some Considerations

In mid-July, the UK government announced its intention to abolish the Independent Reviewer of Terrorism Legislation – the office tasked to review the UK’s anti-terrorism laws – and replace it...
UN sanctions: possible changes?

UN sanctions: possible changes?

In the last 20 years, the UN Security Council has adopted numerous sanctions not involving the use of armed force. Originally, these sanctions only targeted States and aimed to prevent...
Partially Clandestine Criminal Trials Risk Standardising Secrecy

Partially Clandestine Criminal Trials Risk Standardising Secrecy

In a decision handed down 4 June 2014, the UK Court of Appeal addressed the issue of secrecy in criminal trials on the grounds of national security. UK Government Ministers...
Independent Review of Terrorism Laws: a Brief Introduction

Independent Review of Terrorism Laws: a Brief Introduction

Monitoring the activities of the secret state creates a conundrum. To be effective, a monitor needs to read and to know what is secret. But why should the monitor be...
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...
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...
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...
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...

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