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25 January 2013 / Roger Smith
Issue: 7545 / Categories: Opinion , Human rights
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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

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MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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