Theodora A Christou

the BHRC conducted a series of plenary sessions and workshops in Harare and Bulawayo aimed to develop strategies and systematise approaches to human rights monitoring and reporting. In partnership with the John Smith Memorial Trust, the BHRC provided training with a focus on human rights during the electoral processes.

As part of this project, the BHRC also produced the training manual 'Tracking Expression: Monitoring, Reporting and Addressing Human Rights Violations During Elections'. Specifically tailored for Zimbabwe, this is a resource which comprehensively covers human rights law in the context of elections. 

The Manual places emphasis on training lawyers in areas of human rights which are requisite to the creation of an environment most conducive to “free and fair” elections; namely, the rights to freedom of expression, information, association and assembly. Throughout the Manual, examples are provided in order to demonstrate how international norms have been interpreted in actual cases. There is also a template to facilitate networking for elections monitoring within a country specific context, a resource not previously available in Zimbabwe.

The world has witnessed the prosecution of the so-called “war on terror”, growth of state sponsored extraordinary rendition, outsourcing of torture and a number of controversial military incursions by larger states into the territory of smaller states. In many cases the state has sought to avoid legal responsibility for the action of its agents and forces by denying the concept of extra-territorial jurisdiction. Human rights organisations and observers argue that this has created a climate of impunity threatening fundamental rights and freedoms hitherto protected by the UN and regional mechanisms.

This important book examines developments in state conduct and the response of international law. It analyses the concept of jurisdiction, territory, the role of humanitarian law, and the purported reach of regional mechanisms in relation to extra-territorial conduct. It provides an up- to-date comparative assessment of the most recent case law in this area. As such, it provides both human rights practitioners and the interested observer with a valuable guide into one of the most important legal, political and ethical issue

Contents:
1. Introduction
2. The concept of jurisdiction in international treaty regimes
3. Effective control of an area (ECA)
4. Military engagement in Iraq
5. Custody: Authority and control
6. Acts and omissions under UN auspices
7. Guantanamo, extraordinary rendition, secret detention and torture
8. Domestic acts or decisions with extra-territorial effect
9. Diplomatic and consular assistance
10. Jurisdiction and dependent territories
11. Conclusion

This critical manual is the first of its kind for the African Region and will prove an invaluable resource to Human Rights practitioners, academics and interested parties. At a time when the issue of human rights in Africa is making many advances, this publication introduces easy-to-use jurisprudence that turns a previously difficult research task into a simple procedure. The Africa section looks at 13 countries in depth while the manual and all the jurisprudence covers the whole region.

The first section covers key principles and human rights norms which are detailed in straightforward language so as to ensure it is accessible and comprehensible.

The second section is devoted to the death penalty, detailing the relevant provisions from both international and regional instruments and offering a comparative commentary as to how the principles and relevant rights relate to the death penalty.

The third section summarizes key case-law from international, regional and domestic African courts and tribunals. The case summaries detail the facts and decisions and for quick reference include a headnote of relevant concepts.

The fourth section focuses on 13 African countries but the reports are a useful comparative resource for all countries. From conducting the research and compiling the material for this final section, it is apparent that nothing like this has been attempted before in Africa.

Much of the work emanates from primary research and investigation conducted by local research teams in the individual countries. Investigative research techniques varied from spending days outside official buildings to visiting prisons, physically counting the individuals on death row and interviewing the detainees to obtain their age and the length of time they had been on death row. These Country Files provide an overview of each country's criminal justice system and legal framework, applicable international standards and statistical information. Most importantly the relevant Constitutional provisions are quoted and where available, details of cases in which constitutional challenges have been made are summarised.

"This critical manual is the first of its kind for the African Region and will prove an invaluable resource to Human Rights practitioners, academics and interested parties. At a time when the issue of human rights in Africa is making many advances, this publication introduces easy-to-use jurisprudence that turns a previously difficult research task into a simple procedure. The Africa section looks at 13 countries in depth while the manual and all the jurisprudence covers the whole region. The first section covers key principles and human rights norms which are detailed in straightforward language so as to ensure it is accessible and comprehensible. The second section is devoted to the death penalty, detailing the relevant provisions from both international and regional instruments and offering a comparative commentary as to how the principles and relevant rights relate to the death penalty. The third section summarizes key case-law from international, regional and domestic African courts and tribunals. The case summaries detail the facts and decisions and for quick reference include a headnote of relevant concepts. The fourth section focuses on 13 African countries but the reports are a useful comparative resource for all countries. From conducting the research and compiling the material for this final section, it is apparent that nothing like this has been attempted before in Africa. Much of the work emanates from primary research and investigation conducted by local research teams in the individual countries. Investigative research techniques varied from spending days outside official buildings to visiting prisons, physically counting the individuals on death row and interviewing the detainees to obtain their age and the length of time they had been on death row. These Country Files provide an overview of each country's criminal justice system and legal framework, applicable international standards and statistical information. Most importantly the relevant Constitutional provisions are quoted and where available, details of cases in which constitutional challenges have been made are summarised."

"The world has witnessed the prosecution of the so-called “war on terror”, growth of state sponsored extraordinary rendition, outsourcing of torture and a number of controversial military incursions by larger states into the territory of smaller states. In many cases the state has sought to avoid legal responsibility for the action of its agents and forces by denying the concept of extra-territorial jurisdiction. Human rights organisations and observers argue that this has created a climate of impunity threatening fundamental rights and freedoms hitherto protected by the UN and regional mechanisms. This important book examines developments in state conduct and the response of international law. It analyses the concept of jurisdiction, territory, the role of humanitarian law, and the purported reach of regional mechanisms in relation to extra-territorial conduct. It provides an up- to-date comparative assessment of the most recent case law in this area. As such, it provides both human rights practitioners and the interested observer with a valuable guide into one of the most important legal, political and ethical issue Contents: 1. Introduction 2. The concept of jurisdiction in international treaty regimes 3. Effective control of an area (ECA) 4. Military engagement in Iraq 5. Custody: Authority and control 6. Acts and omissions under UN auspices 7. Guantanamo, extraordinary rendition, secret detention and torture 8. Domestic acts or decisions with extra-territorial effect 9. Diplomatic and consular assistance 10. Jurisdiction and dependent territories 11. Conclusion"

This report looks at COVID-19 pandemic responses, focusing on the contact tracing apps from a business and human rights perspective. It sets out the human rights criteria when either interfering with the private life of individuals under the ordinary limitations of the right, and also when states choose to derogate having declared a state of emergency. The key tests remain the same: legality, necessity, and proportionality.

Submissions to the Police and Criminal Justice review Call for Evidence found at https://www.gov.uk/government/consultations/police-and-criminal-justice-review-of-the-balance-of-competences. As part of the wider programme of EU Balance of Competence Review can be found at https://www.gov.uk/review-of-the-balance-of-competences.

the BHRC conducted a series of plenary sessions and workshops in Harare and Bulawayo aimed to develop strategies and systematise approaches to human rights monitoring and reporting. In partnership with the John Smith Memorial Trust, the BHRC provided training with a focus on human rights during the electoral processes. As part of this project, the BHRC also produced the training manual 'Tracking Expression: Monitoring, Reporting and Addressing Human Rights Violations During Elections'. Specifically tailored for Zimbabwe, this is a resource which comprehensively covers human rights law in the context of elections. The Manual places emphasis on training lawyers in areas of human rights which are requisite to the creation of an environment most conducive to “free and fair” elections; namely, the rights to freedom of expression, information, association and assembly. Throughout the Manual, examples are provided in order to demonstrate how international norms have been interpreted in actual cases. There is also a template to facilitate networking for elections monitoring within a country specific context, a resource not previously available in Zimbabwe.

Article 1(3) of the Framework Decision on the European Arrest Warrant (FD EAW) states that it “shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union”. A large number of states have implemented this provision, together with Recitals 12 & 13, introducing a mandatory ground for refusal to surrender based on a possible breach of human rights. The creation of this new ground, not foreseen in the FD EAW itself, has been criticized by the Commission and the Council. The legal power of Article 1(3) FD EAW has not yet been clarified by the Court of Justice of the European Union (CJEU). It has been provided the opportunity by the a preliminary reference from the Belgian Constitutional Court which has asked the CJEU 4 preliminary questions, including one on human rights as a sole ground for refusal to surrender.

The United Kingdom constitution is the only uncodified constitution in Europe, and is described in the report as evolutionary, historical and predominantly political, responding piecemeal to developments through pragmatic solutions. A central concept is parliamentary sovereignty. The Supreme Court, replacing the Appellate Committee of the House of Lords, started its work in 2009; it can make a declaration of incompatibility with the ECHR, but has no power to annul legislation (although prior to Brexit, the courts were willing to disapply legislation which contravened directly effective provisions of EU law). Fundamental rights are predominantly protected by the Human Rights Act 1998, which incorporates the ECHR into UK law and the common law. A proactive role in raising fundamental rights issues, also in relation to EU law, is played by parliamentary scrutiny committees, NGOs and other institutions. These have contributed e.g. to the subsequent introduction of rights-based safeguard...

Whilst FGM had been a crime in the UK for over 2 decades, over 60, 000 girls continued to be mutilated. In 2015 the UK took its international obligations to protect girls from such physical harm more seriously and enacted new legislation. This article focuses on the parental responsibility to protect their daughter from harm and their criminal liability if they fail to take adequate action to prevent the mutilation occurring. We explore the socio-legal setting, the gaps in the law, the state's international obligations and finally the newly introduced rebuttable presumption.

This report is prepared for the World Bank Legal Department’s Thematic Working Group on Technology and Innovation in Development. The research paper explores the legal issues and considerations the World Bank should take into account when considering financing projects with components that involve disruptive technologies. The report highlights legal and regulatory issues which may either enable or which may impede the adoption or creation of disruptive technologies, particularly in emerging market economies.

The authors of the report are Professor Ian Walden and Dr Theodora A Christou, members of the Cloud Legal Project at the Centre for Commercial Law Studies, Queen Mary University London

Submissions to the Police and Criminal Justice review Call for Evidence found at https://www.gov.uk/government/consultations/police-and-criminal-justice-review-of-the-balance-of-competences. As part of the wider programme of EU Balance of Competence Review can be found at https://www.gov.uk/review-of-the-balance-of-competences.

Article 1(3) of the Framework Decision on the European Arrest Warrant (FD EAW) states that it "shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union". A large number of states have implemented this provision, together with Recitals 12 & 13, introducing a mandatory ground for refusal to surrender based on a possible breach of human rights. The creation of this new ground, not foreseen in the FD EAW itself, has been criticized by the Commission and the Council. The legal power of Article 1(3) FD EAW has not yet been clarified by the Court of Justice of the European Union (CJEU). It has been provided the opportunity by the a preliminary reference from the Belgian Constitutional Court which has asked the CJEU 4 preliminary questions, including one on human rights as a sole ground for refusal to surrender.

As one of the newer Members of the European Union, this article outlines how Cyprus has adapted to the spirit of European Criminal Justice. As ‘the cornerstone’, the focus of this article is on mutual recognition in criminal matters and in particular the European Arrest Warrant Framework Decision which has acted as a blueprint for other mutual recognition measures. The article considers the implementing legislation and the case law to date. On the whole Cyprus has embraced with open arms the principles adding safeguards it regards necessary to uphold rights and freedoms whilst remaining flexible in it its stance to the extent of even amending its Constitution.