header-logo header-logo

25 January 2013 / Roger Smith
Issue: 7545 / Categories: Opinion , Human rights
printer mail-detail

A world of difference

Roger Smith examines human rights issues at home & away

As we consider David Cameron’s big speech on the European Union, it may be worth reflecting on how the pressures between domestic and international forces are reflected elsewhere in the legal system.

Universal jurisdiction

The idea of an international and universal jurisdiction over particularly heinous crimes against humanity is a legacy of the Second World War. General Pinochet managed to escape by the skin of his teeth and a somewhat indulgent view of his health by Jack Straw. However, we now have the second prosecution of somewhat lesser fry.

Colonel Kumar Lama has been charged with torture in relation to events in a Nepalese barracks while visiting his wife on the south coast over Christmas. Somewhat ironically, Colonel Lama’s current job is as a UN peacekeeper and he was expected to return to South Sudan in the New Year. However, events from his past caught up with him and Dominic Grieve, the attorney general, was persuaded to charge him with torture under s 134 of the Criminal Justice Act 1988, a crime

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll