Getting to Grips with Guantánamo IV: Person Zero & Camp 7

KMSThis post is by Kasey McCall-Smith: a lecturer in Public International Law and programme director for the LLM in Human Rights at Edinburgh Law School.

This post is the fourth in a series of blogs that chronicle the history and current state of play regarding the US rendition and detention programme in the immediate aftermath of 9/11. They were written during the author’s visit to Guantánamo Bay, Cuba, to observe military commission proceedings in the case of USA v. Khalid Shaikh Mohammad, et. al.  30 May – 3 June 2016, which is the initial phase of her project Getting to Grips with Guantánamo.

In my last post, the use of evidence obtained through torture in the case of US v. Khalid Shaikh Mohammad, et. al. (KSM case) was introduced. This post further considers how torture impacts detainees held at Guantánamo and the 9/11 trial. An interesting addition to the already complex pre-trial considerations is the possible appearance of a detainee who has not been seen in public since he was rendered into the custody of the CIA. Abu Zubaydah, a Palestinian, is believed to have been taken into CIA custody in 2002 following his capture in Pakistan. After three years on a CIA ‘black site’, he was delivered to Joint Task Force-Guantánamo (JTF-GTMO) in 2006 where he remains a High Value Detainee (HVD) despite never having been charged with a crime. As characterised by former FBI agent, Ali Soufan, Zubaydah is the ‘original sin’ of the US in its post-9/11 anti-terror campaign.

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Getting to Grips with Guantánamo III: Torture Evidence

KMSThis post is by Kasey McCall-Smith: a lecturer in Public International Law and programme director for the LLM in Human Rights at Edinburgh Law School.

This post is the third in a series of blogs that chronicle the history and current state of play regarding the US rendition and detention programme in the immediate aftermath of 9/11. They were written during the author’s visit to Guantánamo Bay, Cuba, to observe military commission proceedings in the case of USA v. Khalid Shaikh Mohammad, et. al.  30 May – 3 June 2016, which is the initial phase of her project Getting to Grips with Guantánamo.

Right now, on a small island in the Caribbean, what will ultimately be one of the most comprehensive examinations of torture is taking place in the form of a military commission proceeding in the case of US v. Khalid Shaikh Mohammad, et. al. (KSM case). A common understanding among the observers that are witnessing KSM is that half are there to see the 9/11 trial and half are there to see the torture trial. In anticipation of what many view as a foregone conclusion, the defence lawyers are diligently representing their clients in order to ensure that if the ultimate penalty, death, is pursued in the sentencing phase of the trial; then the brutality that they suffered at the hands of the CIA is in the trial record. This record will be instrumental to mitigation of the death penalty and speak to the reality that much of the evidence presented may have been extracted or derived through torture, which is prohibited under international law.

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Getting to Grips with Guantánamo II: Military Commissions & Law of War Detention

KMSThis post is by Kasey McCall-Smith: a lecturer in Public International Law and programme director for the LLM in Human Rights at Edinburgh Law School.

This post is the second in a series of blogs that chronicle the history and current state of play regarding the US rendition and detention programme in the immediate aftermath of 9/11. They were written during the author’s visit to Guantánamo Bay, Cuba, to observe military commission proceedings in the case of USA v. Khalid Shaikh Mohammad, et. al.  30 May – 3 June 2016, which is the initial phase of her project Getting to Grips with Guantánamo. Click here to read the first post in the series: ‘Rendition to the Caribbean’.

The military commission proceeding against the 9/11 five in the case of US v. Khalid Shaikh Mohammad, et. al. (KSM case) is viewed as having parallel purposes, bringing justice to the nation and victims’ families for the terrorist attacks of 9/11 and laying bare the flagrant torture campaign under the US Central Intelligence Agency’s (CIA) post-9/11 Detention and Interrogation Program (DIP). The KSM case stems from charges filed on 31 May 2011 against the five men charged with conspiracy, murder and destruction of property in violation of the law of war for the conception and facilitation of the 9/11 attacks which resulted in the deaths of close to 3000 people. The subsequent ‘war on terror’ launched by the Bush administration in the aftermath set in motion a ruthless anti-terrorism campaign by the CIA that has been acknowledged by the US government as comprising widespread use of torture in breach of both US domestic law and international law.

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Realising Justice? Reflections on Negotiating Land Reform in Southern Africa

20160516_165223On 16 May 2016 the University of Edinburgh hosted a workshop funded by the British Academy and organised by Professor Anne Griffiths and the Benelex Project Research group, coordinated by Professor Elisa Morgera.

The full-day workshop addressed the issue of access to land as means to realise justice. The workshop intended to discuss four key questions:

  1. the norms that underpin international and transnational governance regimes regulating access to and use of land and the extent to which they have an impact on individual countries’ jurisdictions on land;
  2. who are the actors who are engaged in this field and to what extent do their perspectives overlap or conflict with one another when it comes to promoting equitable and sustainable governance over land;
  3. what impact does globalisation have on the recognition of the legitimacy of plural orders, such as statutory, religious or customary law, and the authority that is accorded to them?; and
  4. what are the most pressing challenges that counties face in administering land and implementing reform given the global pressures that are brought to bear by international and transnational agencies and institutions.

In this post, two visiting postgraduate students – Marghertia Brunori and Komlan Sangbana – offer some reflections from the day.

Marghertia Brunori

The four presentations of the workshop portrayed the same sensible question of access to land by four different angles, allowing to appreciate the subject in its multifaceted complexity.

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Getting to Grips with Guantánamo I: Rendition to the Caribbean

KMSThis post is by Kasey McCall-Smith: a lecturer in Public International Law and programme director for the LLM in Human Rights at Edinburgh Law School.

This post is the first in a series of blogs that chronicle the history and current state of play regarding the US rendition and detention programme in the immediate aftermath of 9/11. They were written during the author’s visit to Guantánamo Bay, Cuba, to observe military commission proceedings in the case of USA v. Khalid Shaikh Mohammad, et. al.  30 May – 3 June 2016, which is the initial phase of her project Getting to Grips with Guantánamo.

Following the attacks against the US on 9/11, then-President Bush declared open-season on all individuals with any established link to al Qaeda. In furtherance of the Bush declaration, the US Central Intelligence Agency (CIA) commenced what would eventually prove to be the most egregious and calculated rendition and detention campaign in modern, post-WWII history. A campaign defined by blatant breaches of both US and international law. To this day, it serves as a black mark on America’s international image, and the resulting impact of the decisions taken by the Bush Administration in the early days of 2001 continue to resonate today.

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Brexit, Northern Ireland and UK-Irish Relations

CB profileThis post by GJA Director, Professor Christine Bell, was first published on the Centre on Constitutional Change blog on 26 March 2016, co-published with European Futures.

Amid pronouncements about the UK as an island nation, scant media or political attention has been paid to its only land border with the EU – between Northern Ireland and the Republic. However, says Professor Christine Bell in this extended analysis, the impact of Brexit on the institutions built up as part of the Peace Process would be considerable.

The EU referendum and the possibility of ‘Brexit’ raise distinct questions for Northern Ireland as a devolved region within the UK as part of the peace process. In the referendum debate, more attention needs to be given in the rest of the UK to Northern Ireland, the one part of the UK which has a land border with another EU country.

Political Divisions and the EU Referendum Campaign

The first key question as regards the EU referendum’s impact in Northern Ireland relates to the distinctiveness of its political settlement: how will the Brexit campaign affect political relationships – ever fragile – within Northern Ireland?

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Counter-Terrorism, Radicalisation, and the University: Debating the Prevent Strategy

On Friday 15 January 2016, the Global Justice Academy and the Centre for Security Research at The University of Edinburgh hosted a panel discussion on the Prevent Strategy obligations that have been placed on higher education institutions. GJA Student Ambassador, Rebecca Smyth, went along to the debate and outlines the debated arguments as well as her thoughts on this contentious issue in this guest post.

A thing of nothing or something more sinister?  Under section 26 of the 2015 Counter-Terrorism and Security Act universities must “have due regard to the need to prevent people being drawn into terrorism.”  The origins of this ‘Prevent’ duty, and its potential implications for staff and students, were considered at a panel discussion organised by the Global Justice Academy and Centre for Security Research last Friday.  Chaired by Akwugo Emejulu, the panel comprised Gavin Douglas, Deputy Secretary of Student Experience here at the University of Edinburgh; Richard Jones of the School of Law; Genevieve Lennon of the University of Strathclyde Law School; Urte Macikene, EUSA Vice President of Services; and Andrew Neal of the Politics and International Relations department.

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Human Rights and Making Change: Looking Backwards and Moving Forwards from the Northern Ireland High Court Decision on Abortion

This post first appeared on the Centre for Criminal Justice and Human Rights blog from the Faculty of Law at University College Cork.

Dr Catherine O’Rourke is Senior Lecturer in Human Rights and International Law at Ulster University Transitional Justice Institute. She is currently also co-coordinator of the Gender Stream of the DFID-funded Political Settlements Research Programme, where she is investigating how international law norms for gender equality influence domestic power-brokering.

In the aftermath of last week’s High Court judgment declaring Northern Ireland’s prohibition of abortion to be incompatible with UK human rights legislation in specific instances, there has been much valuable consideration of the judgment’s legal and political implications, for this jurisdiction and others.  In this contribution, I reflect on what the litigation and judgment say about human rights advocacy in Northern Ireland.

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Northern Irish Abortion Law Incompatible with the European Convention on Human Rights

This post first appeared on the European Futures Blog.

In this extended article, Jane Rooney analyses the recent Northern Ireland High Court decision that current abortion law is not compatible with the European Convention on Human Rights. She suggests that the judgement could have gone further in testing the compatibility of the legislation with the ECHR, and that possible appeals are unlikely to take the politics of Northern Ireland as closely into account.

On 30 November 2015 in the case of The Northern Ireland Human Rights Commission’s Application [2015] NIQB 96, the High Court of Northern Ireland found that Northern Irish law regulating abortion was incompatible with Article 8 (right to private life) of the European Convention on Human Rights (ECHR). This was an historical judgement made possible through the conjoined efforts of many, including women directly affected by the legislation, the Northern Ireland Human Rights Commission and Amnesty International.

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Pregnancy, Choice, and the Lessons of the Past

Mikki headshotDr Michelle Brock is an Assistant Professor of History at Washington and Lee University, specialising in British History. In this second guest post for the Global Justice Academy, Mikki tackles the current controversy in the US around abortion and the politicisation and policing of women’s bodies – drawing striking parallels with early modern Europe. 

In the United States, the last decade has witnessed a growing cacophony of calls from pro-life advocates seeking to overturn Roe v. Wade, the Supreme Court’s 1973 decision to legalise a woman’s right to an abortion. Every single current Republican candidate for president, fourteen men and one woman, has declared his or her opposition to abortion in most or all cases.

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