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A world of difference

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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