Criminal Justice and Fair Trial

A Theatre of Death: Challenging the Death Penalty in India (with Anup Surendranath)

A Theatre of Death: Challenging the Death Penalty in India (with Anup Surendranath)

The death penalty was written into the colonial penal code in India when the country was under British direct rule, and it stayed on the books after independence. Today India...
First Criminal Conviction under Belgium’s Anti-Sexism Act

First Criminal Conviction under Belgium’s Anti-Sexism Act

A man who made sexist remarks to a female police officer was sentenced to pay a €3,000 fine and became the first person to be convicted under Belgium’s 2014 Anti-Sexism...
The Hidden Cost of the Death Penalty in India

The Hidden Cost of the Death Penalty in India

The death penalty needs to have significant social benefits, not attainable with the next most severe form of punishment, life imprisonment, for it to be justified. Existing arguments already show...
International Law, Right to Privacy and Marital Rape in India

International Law, Right to Privacy and Marital Rape in India

In an order dated 6/11/2017, the High Court of Gujarat described marital rape as “a disgraceful offence that has scarred the trust and confidence in the institution of marriage”, proposing...
Criminal Justice and the Death Penalty in India: An Opinion Study with 60 Former Supreme Court Judges

Criminal Justice and the Death Penalty in India: An Opinion Study with 60 Former Supreme Court Judges

The Centre on the Death Penalty at National Law University, Delhi conducted an opinion study with 60 former Indian Supreme Court judges to understand their perspectives on India’s criminal justice...
Addressing Gender Violence: The Urgent Need for Introspection by the ICC

Addressing Gender Violence: The Urgent Need for Introspection by the ICC

The International Criminal Court (ICC) will celebrate its twentieth anniversary in 2018. While this torchbearer of hope has done much good, it has not quite fully achieved in addressing crimes...
Haralambous: The Supreme Court, Closed Proceedings and the Common Law, Round Three

Haralambous: The Supreme Court, Closed Proceedings and the Common Law, Round Three

The right to a fair trial is undoubtedly one of the most sacrosanct rights in most modern legal systems, and is manifested in one of the most important articles in...
The Philippines’ War on Drugs

The Philippines’ War on Drugs

When Rodrigo Duterte took to office as President of the Philippines on June 30 2016, he sought to fulfil, among his many other deadly campaign promises, his promise to cleanse...
Levenstein: A Case to End Prescription of All Sexual Offences in South Africa

Levenstein: A Case to End Prescription of All Sexual Offences in South Africa

Widely considered the most progressive constitution in the world, the South African Constitution contains an inclusive and wide reaching Bill of Rights. Amongst these rights, the Bill guarantees every citizen...
The need to consider victim’s voices in the sentencing of offenders: Director of Public Prosecutions v Oscar Leonard Carl Pistorius

The need to consider victim’s voices in the sentencing of offenders: Director of Public Prosecutions v Oscar Leonard Carl Pistorius

On 24 November 2017, the South African Supreme Court of Appeal (SCA) handed down a unanimous decision increasing the sentence of convicted murderer Oscar Pistorius from six, to fifteen years...
The Supreme Court of India Reads down the Marital Rape Exception: A Partial Victory for Women’s Rights Advocates

The Supreme Court of India Reads down the Marital Rape Exception: A Partial Victory for Women’s Rights Advocates

In a recent case, Independent Thought v. Union of India and Anr, a division bench of the Supreme Court of India partially read down an archaic exception to the offense...
Consent In Indian Rape Law: A Case For An Objective Standard Of Determining Consent

Consent In Indian Rape Law: A Case For An Objective Standard Of Determining Consent

Section 375 of the Indian Penal code defines rape as the offence committed by a man having sexual intercourse with a woman “without her consent”. Since criminal law attempts to...

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