• Why government assassinations are wrong

    Earlier this week we had the revelation that British military forces had targeted two citizens of this country in Syria and killed them using a remotely controlled drone.

    I’m aware of some concerns being expressed by the usual suspects – ie lefty guardian-reading knit your own sandals people who can be relied upon to object to such action. However, I’m also aware that such such action is also wildly popular in the country. Indeed, there are reports that the action is backed 2 to 1 by the general public.

    At that point, the Prime Minister might feel that he can sit back and relax, job well done. He has removed a perceived threat cleanly and without any great risk to British military personnel and he is backed by the British people. In any case, the opposition in parliament is in disarray – Labour electing a new leader, the Liberal Democrats annihilated by their inability to be seen as liberals and the SNP famous more for playing musical chairs in parliament than anything of any substance.

    However, it seems to me that whilst the views of the moderate UK majority are interesting they are certainly not the only views that need to be thought about. I’m not particularly thinking of those whose knees jerk like mine to oppose the military action either.

    I’m more concerned with those who are our opponents.

    I don’t believe that we can necessarily defeat religiously motivated terrorism by military might. I think we have to defeat it with ideas too. And by persuading people, constantly persuading people that the rule of law, expressed in a democracy is a better thing to live under than any other system of government. If we dare to think that the rule of law can become legitimately blurred on the edges of our jurisdiction (not sending people across the Syrian border but sending a drone is as blurred as it could get) then we start to find our own legitimacy more easily questioned by those who are opposed to our freedoms.

    To put it bluntly, I think we are better than this. Or at least I did. I think we need to be a society which does not allow its government to assassinate its citizens without a fair trial. Yes, I know there is “intelligence” and I also know that intelligence can be wrong. Remember Weapons of Mass Destruction anyone?

    If we become a society in which such behaviour is normal, how are we going to win any argument with those who currently live amongst us who have some sympathy for the ISIS cause, who are tempted to throw in their lot against the freedoms that the west possesses? If, in their minds, Britain can cross borders with weapons and wipe someone out arbitrarily, why shouldn’t they?

    Why shouldn’t they? That’s a real question that not nearly enough people have been asking this week.

    The actions of the Prime Minister in ordering this action brutalise our world and will make our opponents better able to recruit people who believe soft UK targets to be legitimate.

    To whom shall we be compared? Shall we be like them or are we better than that? Is it true that Putin’s Russia, sent out state assassins to kill Alexander Litvinenko on the streets of London? If it is, are we any better by targeting Reyaad Khan and Ruhul Amin in Syria.

    I believed we were better than this. I still think that should be our aspiration.

2 responses to “Human Rights Petition”

  1. Steven Avatar
    Steven

    Kelvin

    I strongly agree with your sentiments and intend to sign the petition. As a practising barrister I can say that the incorporation of the Convention has had a hugely beneficial effect across society – especially in creating a rights aware culture amongst the judiciary.

    I have successfully relied on the Convention to (1) ensure that the state continues to support destitute asylum seekers whilst they are appealing an asylum support decision (2) prevent the removal of a mentally unwell Brazilian amputee who is awaiting further surgery in the UK (3) ensured that those detained under immigration powers are not held in “ordinary” prisons and (4) prevented the deportation of a Turkish national for a crime committed whilst a child. The Convention naturally “benefits” those on the edges of society – whose cause might be unpopular. That does not mean, of course, that it is unworthy. Quite the opposite.

    I have of course relied upon the Convention in cases which stretch the reach of the various articles. That is how the law develops. Judges do not embrace such claims uncritically. Unfounded and weak claims are rejected as such and so the public perception of an “out of touch” judiciary is misplaced. Thank God for the Judges who – if they were to follow the whims of public opinion would “string em up”, “bring back the birch” and “throw away the key”!

    The Human Rights Act 1998 still retains parliamentary sovereignty in any event. This means that Parliament can still introduce laws that are in breach of the Convention. All that a Judge can do when faced with such legislation is declare it to be “incompatible” and that is it. This may create political pressure (especially at a European level) but it means that the “Queen in Parliament” is still sovereign.

    In addition the HRA 1998 has become entrenched as an almost constitutional statute. Repeal or significant amendment would not create less litigation. On the contrary, as the Daily Mail might put it, lawyers would have a “field day” arguing about when a particular right ceased to exist under the ECHR in the UK and the extent to which rights survived repeal or amendment. It would create a legal mess, a constitutional back-step and a political nightmare.

    In fairness though a solicitor did ask me if they could bring a case to challenge a refusal by the police to allow a man more regular smoke breaks on the basis of his Convention rights (he was being questioned for murder)…I reminded the solicitor that the drafters of the Convention had in mind the ashes of Auschwitz when drafting the Convention and advised him to, as they say in Ulster, “catch yourself on!”

    1. kelvin Avatar

      Thanks Steven. It us really helpful to have your perspective and some concrete examples.

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