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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The Concept of Global Law: what is it and what are the rules?

A guest post from Lucas Miotto Lopes, Convenor of the Edinburgh Legal Theory Group, who received an award of £400 from the GJA Innovative Initiative Fund to host a seminar on ‘The Concept of Global Law’.

With the sponsorship of the Global Justice Academy the Edinburgh Legal Theory Group held the seminar entitled The Concept of Global Law on September 24th. Jorge Fabra, a PhD candidate at McMaster University, was the presenter and Professor Neil Walker, from the University of Edinburgh, acted as the discussant. We had the privilege of counting with a wide and diversified audience – from undergrads to staff members. Participants were keen to engage in discussion and offered both critical remarks and constructive feedback. As a result, discussion was very live, friendly and informal.

Jorge Fabra addresses the seminar group » Read more

Business and Human Rights: the story so far and what next?

This is a guest post by Sean Molloy, who is a Principal’s Development Scholar at the University of Edinburgh, where he is completing his PhD at the School of Law. Sean edits the Global Justice Academy newsletter, which you can subscribe to by clicking here.

In March of this year I attended a roundtable at Chatham House on the issue of business and human rights. Comprised of state officials, civil society organisations, academics, and corporate representatives, the focus of the event was on the extent to which (or not) a consensus is beginning to form on how to operationalise and implement the UNGP. In this post I wish to convey some of the discussions of that meeting in attempting to articulate the current position, the obstacles remaining and potential solutions going forward. Firstly, a little background is required.

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Will Class Become Caste and Birth Become Destiny?

jeremywaldronportraitThe University of Edinburgh’s Annual Gifford Lecture Series has now begun. Professor Jeremy Waldron is University Professor at the New York University Law School. Professor Waldron’s work in jurisprudence and political theory is well known, as are his articles on constitutionalism, democracy, homelessness, judicial review, minority cultural rights, property, the rule of law, hate speech, human dignity, and torture. This post appeared originally on the Gifford Lecture Blog.

In a stimulating opening Gifford Lecture tonight, Professor Jeremy Waldron emphasised the urgency of not only eradicating ‘surface inequality’ in public legal relations, but in carrying out a theological and philosophical examination of what may underpin human equality in a world where ‘grotesque differences in economic lives’ create the risk of ‘leech and leak’ to undermine our commitment to a common humanity. We re-assure ourselves that the ‘surface inequality’ between rich and poor is compatible with an inviolate ‘basic human equality’ which underlies our mutual existence. But is that weakening in our society, such that the view may emerge that ‘the poor are not fully human’ and ‘only the prosperous live fully human lives’? Is there a danger now that a ‘conditional’ legal status due to the vicissitudes of life, such as that of an African-American in jail, becomes re-inforced as a ‘sortal’ status of permanent identity to delineate rights and all human potential, in like kind to the evils of slavery or apartheid in the past?

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Mental Health and Justice: the Execution of Scott Panetti

HC Profile PicThis post by Dr Harriet Cornell, Development Officer for the Global Justice Academy, examines the relationship between mental illness and justice in light of the planned execution of Scott Panetti in Texas on Wednesday, 3 December 2014.

A Public Policy Polling national survey was published yesterday, 1 December 2014, showing that Americans oppose the death penalty for mentally ill defendants by a 2-1 margin. The Death Penalty Information Center reported that ‘opposition to the execution of people with mental illness was strong across lines of race, gender, geographic region, political affiliation, and education. Democrats (62%), Republicans (59%) and Independents (51%) all opposed the practice’. Tomorrow, 3 December 2014, the state of Texas plans to execute Scott Louis Panetti for the 1992 murders of his parents-in-law, Joe and Amanda Alvarado. With a long, documented history of severe mental illness, Scott Panetti’s case has garnered international news coverage and a notable spectrum of support for clemency.

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