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The UN Commission of Inquiry on Ukraine found that 1,205 children have been systematically deported and forcibly transferred from Russian-occupied areas in Ukraine to Russia. Of those cases, eight in ten children have not yet returned. According to the findings, Russian authorities have acted in contravention with international humanitarian law, under which evacuation can only be temporary and for the legally justifiable reasons of health, medical treatment or safety.
The Courts and Tribunals Bill passed its second reading in the House of Commons last week. The Bill introduces a range of reforms aimed at reducing court backlogs, including proposals to restrict jury trials and raising magistrates’ sentencing powers. The House of Commons Public Bill Committee has issued a call for evidence from experts in fields relevant to the Bill.
The Netherlands and Iceland sought permission to intervene in the International Criminal Court (ICJ) case initiated by South Africa against Israel’s actions in Gaza. The ICJ had previously received 16 requests to intervene, including from Palestine, Ireland and Colombia.
[* note from editor: The United States and other countries have also filed declarations of intervention in South Africa’s case of genocide against Israel at the International Court of Justice. Article 63 of the Statute of the Court allows countries to intervene in cases involving the interpretation of a convention to which they are parties, even if they are not parties to the dispute.
In its 11-page declaration the US rejected South Africa’s accusations of genocide against Israel.
“To avoid any doubt, the United States affirms, in the strongest terms possible, that the allegations of ‘genocide’ against Israel are false. They are also unfortunately nothing new,” it said.
The US said it considered it necessary to intervene in this case in order to offer its interpretations of the provisions of the Genocide Convention, informed by its role in drafting the 1948 text]
In the Courts:
On Wednesday, the Joint Committee on Human Rights (JCHR) launched an inquiry into the recent changes to laws relating to protest. The inquiry will examine whether the Government has correctly balanced its duty to protect the public from disruption or fear, with its duty to protect the right to protest – described by JCHR chair, Lord David Alton, as “a cornerstone of our democracy”.
On Thursday, the High Court ruled that the Ministry of Defence’s (MoD’s) refusal of an Afghan Relocation and Assistance Policy (ARAP) application was unlawful, on the grounds of an error of fact and a failure to publish related caseworker guidance. Although the MoD withdrew the decision shortly after the hearing, Saini J still handed down judgment, noting that the Court’s findings could affect other ARAP cases [1-2].
The judicial review challenge was brought by CHD, an Afghan national who was tortured by the Taliban and is currently in hiding in Afghanistan. For 13 years, until the takeover of Afghanistan by the Taliban in 2021, CHD held a key public-facing role within a partly UK-funded organisation that promoted the rule of law and combatted the Taliban’s influence.
CHD’s application to re-locate to the UK was rejected by the MoD on the grounds that he failed to meet Condition 2 Category 4 of ARAP, which requires applicants to have made, in the course of their employment, “a substantive and positive contribution to the UK’s military objectives or national security objectives (which includes counter-terrorism, counter-narcotics and anti-corruption objectives) with respect to Afghanistan” [15].
Saini J held that MoD decision makers had made an error of fact when determining that the objectives of CHD’s employer – the advancement of the rule of law and a functioning legal system – were not also part of the UK’s national security objectives at the time of CHD’s employment [75-77].
Saini J also noted that he would have been inclined to find the unpublished guidance and any decision made pursuant to it unlawful, had it been necessary to decide the issue [21]. Applying R (Lumba) v SSHD [2012] 1 AC 245, Saini J held that the MoD’s failure to publish interfered with the general rule of law that the publication of policies is necessary for applicants to make informed and meaningful representations [84].
The HM Inspectorate of Prisons has published a report which found that there was an “inadequate provision of interpretation” and “almost no information was available” to migrant people, during their removal to France under the ‘one in, one out’ pilot scheme. Almost all of those removed had arrived recently at the Kent coast and few were able to understand English.
Under the ‘Agreement on the Prevention of Dangeround Journeys’, ratified in August, any asylum seeker who has crossed the Channel unlawfully can be returned back to France. There is also a provision for “reciprocal admittance”, whereby an asylum seeker in France who has a genuine family link to someone in the UK and has not attempted to enter the UK unlawfully, will be allowed to enter the UK.
The report also raised concerns that migrant people did not have proper access to justice prior to their removal to France under the scheme. Although migrant people were signposted to legal firms while detained at Immigration Removal Centres, the report noted that many people’s cases were refused by solicitors and they were unable to access legal advice.
The publication of the report comes as a legal challenge against the removal of 16 migrant people under the ‘one in, one out’ scheme was heard at the High Court on Wednesday. The case centres on whether it was unlawful for the Homes Secretary to withdraw migrant people’s right to have rejected modern slavery claims reconsidered. The claimants also allege that French authorities do not adequately support trafficking victims. The Court heard that 40 per cent of migrant people detained under the scheme have made trafficking claims.
In international news
Last week, pro-democracy media tycoon Jimmy Lai was sentenced to 20 years in prison under Hong Kong’s National Security Law. The 78-year-old Apple Daily founder was found guilty last December of conspiracy to collude with foreign forces and publishing seditious materials. Thibaut Bruttin, the director of Reporters Without Borders, warned that “the court decision underscores the complete collapse of press freedom in Hong Kong”.
On 10 February, the European Parliament approved the amendments to the ‘safe third country’ concept in the EU Asylum Procedures Regulation and adopted an EU-wide list of “safe countries of origin”, making it easier for member states to reject asylum applications as inadmissible and to forcibly transfer people seeking safety to countries to which they have no connection. The new rules also remove the suspensive effect of appeals in asylum cases, meaning that a person could be removed while waiting for determination of their claim and any judicial review.
On Friday, the High Court ruled that the former home secretary Yvette Cooper had acted unlawfully when banning Palestine Action last year, under the Terrorism Act 2000. The Court concluded that the decision to proscribe Palestine Action was “disproportionate” [138].
The judicial review proceedings were brought by Huda Ammori, Palestine Action’s co-founder.
The Court upheld the claimant’s challenge that the proscription breached the rights of freedom of expression and assembly as guaranteed by Articles 10 and 11 ECHR. The Court found that the offences under the Terroism Act 2000 “comprise a very significant interference with the right to free speech”. For example, a person cannot address a meeting to encourage support for Palestine Action [106]. The Court also concluded that the decision to proscribe Palestine Action had resulted in a “stark” interference with Article 11 rights, since the purpose of proscription is to put measures in place that prevent the organisation from continuing to exist [135].
Additionally, the Court concluded that the Home Secretary failed to properly apply her policy on the use of the discretion to proscribe [89 – 95]. The policy required the Home Secretary to approach the exercise of her discretion comprehensively, taking into account the consequences on Palestine Action members, the characteristics of the organisation, foreign policy and “other factors” [74]. Instead, the Home Secretary presented the “significant disruptive benefits” to “deal with” Palestine Action as a central reason for exercising the discretion to proscribe [89]. The Court clarified that Home Secretary’s policy did not include the expected significant disruptive benefits of proscription as a relevant consideration [90].
According to evidence submitted by the claimant, there have been many arrests since proscription referring to Palestine Action, including more than 2,000 people at protests immediately following the proscription decision [118].
In a statement after the judgement, the Home Secretary, Shabana Mahmood, said the government intends to appeal the decision.
The High Court ruled that Section 12 of the Illegal Migration Act 2023 (IMA) is “likely to have a more muted practical impact” [168]. The Court clarified for the first time that the right to liberty under Article 5 ECHR constrains the effect of IMA on the judicial oversight of immigration detention decisions.
The case stemmed from a claim alleging the unlawful detention of MXV, a Zimbabwean national, who was held under immigration powers for 101 days from 11 March 2024.
Section 12 of the IMA sought to “overturn” the Court’s role as primary decision maker when it comes to assessing limbs (ii) and (iii) of the Hardial Singh principles, which relate to the reasonableness of the period of detention and whether deportation can be effected within such a reasonable period. Instead, Section 12 requires the Court to assess whether the Secretary of State’s decision about the period was a reasonable assessment.
The Court ruled that Parliament had expressly restricted judicial oversight and Section 12 should be followed [166]. However, compliance with Article 5(1)(f) ECHR requires the Court to retain its role as primary decision maker. The Court confirmed that Article 5(1)(f) ECHR “mirrors” the domestic application of the Hardial Singh principles [144] and, where Article 5 is relied upon, the Court remains able, as primary decision maker, to assess the reasonableness of detention.
The court found that the detention of MXV was unlawful in the period from 1 June 2024 to 19 June 2024.
On the UKHRB
Dr Lewis Graham considers the potential far-reaching effects in Hall v HMRC [2026] UKFTT 124 (TC), where the First-Tier Tribunal ruled that it had the jurisdiction to consider public law grounds, despite the tribunal having no inherent public law jurisdiction.
Rosalind English explores the Supreme Court’s recent decision in Dairy UK Ltd v Oatly AB UKSC 4, in which the Court held that Oatly’s registered trade mark “POST MILK GENERATION” cannot lawfully be used in relation to their oat-based food and drink products.
Rosalind English also reviews a letter about animal welfare from The Animal Law Foundation and the League against Cruel Sports, that was presented to the Department of the Environment, Food and Rural Affairs last week.
The inquiry into the conditions at Manston Short-Term Holding Facility has begun hearing evidence in public. The purpose of the inquiry is to investigate “the decisions, actions and circumstances” that led to significant overcrowding, outbreaks of infectious disease and mistreatment of detained migrant people at the former military base between June and November 2022. The inquiry will also investigate the death of Hussein Haseeb Ahmed, who died from diphtheria after contracting the infection while detained at Manston. The inquiry was downgraded from statutory to independent in September 2024, reducing its powers to compel witnesses to attend. The Home Office, the Ministry of Defence, the Cabinet Office, the Treasury, and the Ministry of Justice are due to participate in the inquiry.
On Sunday, the government pulled the third reading of the Public Office (Accountability) Bill 2024-26 — widely referred to as the ‘Hillsborough Law’ — from the parliamentary schedule, amid criticism of a proposed amendment. The draft legislation would create a statutory duty of candour and assistance for public authorities and officials when engaging with inquiries and inquests. The bill would also create a new criminal offence of misleading the public. However, a new amendment proposed by the government had been critcised for creating an opt-out for intelligence officials, by allowing heads of security services to decide whether information is released. Families of the Manchester Arena bombing wrote to the Prime Minister earlier this month, stressing the need for the law not to exempt security agencies. The UK’s Security Service (also known as MI5) was found by the Manchester Arena Inquiry not to have given an “accurate picture” of the key intelligence it held on the suicide bomber who carried out the attack, instead presenting “a retrospective justification” for their actions.
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