Judicial Speeches, Gaza Boycotts and Social Media Crimes – the Human Rights Roundup

18 August 2014 by

Twitter HRRWelcome back to the UK Human Rights Roundup, your regular sizzling summer show of human rights news and views. The full list of links can be found here. You can find previous roundups here. Links compiled by Adam Wagner, post by Celia Rooney.

This week, former leaders of the Khmer Rouge face life imprisonment for crimes against humanity committed in Cambodia. In other news, the on-going conflict in Gaza sparks controversy at home, while the Lords inquiry into social media offences reaches an unexpected conclusion.

In the News 

Judicial Speeches

Two speeches of significant interest from a human rights perspective this week. Both highly recommended:

Khmer Rouge Leaders Convicted

This week, judges in the Extraordinary Chambers in the Courts of Cambodia found two former leaders of the Khmer Rouge guilty of crimes against humanity. Nuon Chea and Khieu Samphan were sentenced to life imprisonment by the UN-assisted court, which found that they were involved in a joint criminal enterprise, united by a common purpose to implement a socialist revolution whatever the cost in terms of human lives. The pair were convicted of murder, political persecution and other inhumane acts. Nuon Chea, also known as ‘brother number two’, was Deputy Secretary of the Community Party of Kampuchea and second in command to Pol Pot during the Khmer Rouge’s bloody revolution. The full text of the judgment can be read here, while a summary can be accessed here.

Gaza Boycotts 

In light of the on-going escalation of the conflict in Gaza, there have been a number of demonstrations of solidarity with the Palestinian people in the UK. For example, last week, Glasgow City Council raised the Palestinian flag over the City Chambers, despite opposition from the Jewish Representative Council, whose President said that they were ‘angered and hurt’ by the gesture. There have also been a number of boycotts of Jewish cultural events. Two Israeli-funded shows at the Edinburgh festival have been cancelled, while a theatre in Kilburn initially refused to hold the Jewish Film Festival on its premises and apparently Sainsbury’s in Holborn temporarily removed its kosher food in order to avoid protests.

Lords Inquiry into Social Media Offences

Parliament’s Communications Committee has published its first report into social media and criminal offences. The report, which was ordered by the House of Lords in June, was produced amid speculation that the current criminal law may not provide adequate protection for those who face abuse online. The report is ‘for information purposes only’ and thus does not make any recommendations to Parliament. Nonetheless, it may be of interest to politicians and practitioners alike, given its somewhat surprising conclusion that no new criminal offences are needed to prosecute social media offences. It is therefore suggested by the report that there is no need to revise the law as it stands, nor the CPS guidelines in relation to such offences. Writing for Halsbury’s Law Exchange, Dan Bunting has queried the Committee’s conclusion here.

In Other News

  • The ‘crucial role’ that NGOs play before the Strasbourg court has been considered in this post, by Laura Van den Eynde, for the Strasbourg Observers blog. Ms Van den Eynde demonstrates this point by highlighting three cases involving particularly grave violations of human rights that simply would not have been heard without NGO backing.
  • In recent years, politicians have frequently attacked the judiciary’s interpretation of the European Convention on Human Rights, with a series of high-profile and controversial Strasbourg judgments dominating the headlines. The Independent has sought to rebalance the debate, and salvage the reputation of the Convention, by highlighting ‘8 ECHR judgments you probably won’t hear David Cameron talking about’.
  • The Economist has examined the impact of human rights on military action here, highlighting that the actions of soldiers are increasingly challenged before the courts, in what has been termed ‘Lawfare’.

In the Courts

Refusal to allow male to female transsexual a pension at 60 did not breach EU/human rights law

Home Office’s immigration application fee waiver policy breaches article 8 ECHR, rules High Court

Case Commentaries

In this case, a father sought to challenge expert evidence on his ability to care for his children by way of cross-examination. Unable to do this himself, it was suggested by the court that legal aid may have to be provided to him to ensure his Article 6 European Convention right to a fair trial. The potentially ‘huge’ implications of the case have been considered in depth on the Suessspiciousminds blog here.

Events 

To add to this list, email Adam Wagner. Please only send events which i) have their own webpage which can be linked to, and ii) are relevant to the topics covered by this blog.

UK Human Rights Blog Posts

1 comment;


  1. jonholbrook says:

    With ref to Lord Neuberger’s recent speech I have argued on sp!ked that the Human Rights Act is being used to erode democracy from within (ie Eurosceptics keep missing the point):

    http://www.spiked-online.com/newsite/article/lord-neuberger-giving-democracy-a-hammering/15650#.U_xtMNm9LCQ

Comments are closed.

Welcome to the UKHRB


This blog is run by 1 Crown Office Row barristers' chambers. Subscribe for free updates here. The blog's editorial team is:
Commissioning Editor: Jonathan Metzer
Editorial Team: Rosalind English
Angus McCullough QC David Hart QC
Martin Downs
Jim Duffy

Free email updates


Enter your email address to subscribe to this blog for free and receive weekly notifications of new posts by email.

Subscribe

Categories


Tags


Aarhus Abortion Abu Qatada Abuse Access to justice adoption AI air pollution air travel ALBA Allergy Al Qaeda Amnesty International animal rights Animals anonymity Article 1 Protocol 1 Article 2 article 3 Article 4 article 5 Article 6 Article 8 Article 9 article 10 Article 11 article 13 Article 14 article 263 TFEU Artificial Intelligence Asbestos Assange assisted suicide asylum asylum seekers Australia autism badgers benefits Bill of Rights biotechnology blogging Bloody Sunday brexit Bribery British Waterways Board Catholic Church Catholicism Chagos Islanders Charter of Fundamental Rights child protection Children children's rights China christianity citizenship civil liberties campaigners civil partnerships climate change clinical negligence closed material procedure Coercion Commission on a Bill of Rights common law communications competition confidentiality consent conservation constitution contact order contact tracing contempt of court Control orders Copyright coronavirus costs costs budgets Court of Protection crime criminal law Cybersecurity Damages data protection death penalty defamation DEFRA deportation deprivation of liberty derogations Detention Dignitas diplomacy disability disclosure Discrimination disease divorce DNA domestic violence duty of care ECHR ECtHR Education election Employment Environment Equality Act Equality Act 2010 Ethiopia EU EU Charter of Fundamental Rights EU costs EU law European Convention on Human Rights European Court of Human Rights European Court of Justice evidence extradition extraordinary rendition Facebook Family Fatal Accidents Fertility FGM Finance foreign criminals foreign office foreign policy France freedom of assembly Freedom of Expression freedom of information freedom of speech Gay marriage gay rights Gaza Gender genetics Germany Google Grenfell Gun Control Health HIV home office Housing HRLA human rights Human Rights Act human rights news Human Rights Watch Huntington's Disease immigration India Indonesia injunction Inquests insurance international law internet inuit Iran Iraq Ireland islam Israel Italy IVF ivory ban Japan joint enterprise judaism judicial review Judicial Review reform Julian Assange jury trial JUSTICE Justice and Security Bill Law Pod UK legal aid legal aid cuts Leveson Inquiry lgbtq liability Libel Liberty Libya lisbon treaty Lithuania local authorities marriage Media and Censorship mental capacity Mental Capacity Act Mental Health military Ministry of Justice modern slavery morocco murder music Muslim nationality national security naturism neuroscience NHS Northern Ireland nuclear challenges Obituary parental rights parliamentary expenses scandal patents Pensions Personal Injury physician assisted death Piracy Plagiarism planning planning system Poland Police Politics Pope press prison Prisoners prisoner votes Prisons privacy Professional Discipline Property proportionality Protection of Freedoms Bill Protest Public/Private public access public authorities public inquiries quarantine Radicalisation rehabilitation Reith Lectures Religion RightsInfo right to die right to family life Right to Privacy right to swim riots Roma Romania Round Up Royals Russia saudi arabia Scotland secrecy secret justice Secret trials sexual offence Sikhism Smoking social media social workers South Africa Spain special advocates Sports Standing starvation statelessness stem cells stop and search Strasbourg super injunctions Supreme Court Supreme Court of Canada surrogacy surveillance Syria Tax technology Terrorism tort Torture travel treason treaty accession trial by jury TTIP Turkey Twitter UK Ukraine universal credit universal jurisdiction unlawful detention USA US Supreme Court vicarious liability Wales War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks wildlife wind farms WomenInLaw Worboys wrongful birth YearInReview Zimbabwe

Disclaimer


This blog is maintained for information purposes only. It is not intended to be a source of legal advice and must not be relied upon as such. Blog posts reflect the views and opinions of their individual authors, not of chambers as a whole.

Our privacy policy can be found on our ‘subscribe’ page or by clicking here.

%d bloggers like this: