Death of a Tyrant

‘I am not going to leave this land. I will die as a martyr at the end. I shall remain, defiant.’ 

Muammar al-Gaddafi’s prophecy can hardly be described as eerily unforeseen. Rather, the choices he has made (all 42 years of them) seemed to point his prediction towards inevitability. 

While death should never be celebrated, the blood on Gaddafi’s hands have left few to mourn his violent departure. Nevertheless, the National Transitional Council's handling of Gaddafi’s capture has left them open to accusations of breaching international law. Though little is precisely known about the circumstances of the former dictators death, it is widely believed that NTC rebels executed Gaddafi following a NATO led air strike. Russian Foreign Minister Sergei Lavrov has been the voice of criticism, and declared that under international law, ‘a captured participant of an armed conflict should be treated in a certain way. And in any case, a prisoner of war should not be killed’ (http://www.independent.co.uk/news/world/europe/gaddafis-death-breached-the-law-says-russia-2374250.html). As well as this, the discovery of 53 bodies believed to be pro Gaddafi supporters draw frightening parallels with atrocities against the NTC that happened only weeks before. Rights groups like Human Rights Watch and Amnesty International have been documenting the atrocities of both sides, including several mass killing sites found in August (http://www.bbc.co.uk/news/world-africa-15428360) and no doubt will prove to be a check on the emergence of a new dictatorship with the same disregard for human rights as the previous one.

However, the Chairman of the NTC and the new Head of State for Libya Mustafa Abdul-Jalil has ordered an inquiry into the circumstances of the death following international pressure. While this inquiry is unlikely to yield negative implications for any pro-NTC supporter, particularly as the theory that the dictator was killed accidently in an instance of crossfire between sides gathers momentum, it is important that the new government goes through the motions and is seen to be upholding human rights. Libya is in a fragile position at the moment and can stray down a number of paths. If the former rebels are seen to endorse liberal rights it is a step in the right direction towards democracy, particularly as the alleged summary execution of Gaddafi seems in stark contrast to the ideals of the NTC.

Mustafa Abdul-Jalil has called for an end to revenge killings and has been eager to promote the new Libya as being ‘one national flesh’ allowing a unity that has been alien to the North African state. But as with any civil war, bitterness between old enemies will inevitably come to the surface. Now the country is free from an age old tyranny, Libya must now start the long road towards stability.

Don’t Know What You Have Until it’s Gone

After twelve years of criticism and flak throwing, the Legal Services Commission is preparing to be incorporated into the Ministry of Justice in a bid to reduce costs. The Legal Aid, Sentencing and Punishment of Offenders Bill has outlined the government’s proposals to cut £350m from the legal aid budget and Justice Minister Jonathan Djanogly anticipates the department will save around £8m per year following the Commissions abolition.

Legal Aid under the LSC has been the chief proponent and gateway of important case law, such as the Baha Mousa case regarding action taken by Iraqi civilians against the military; as well as tackling such Human Rights issues as the deportation of captured Afghans to prisons facing torture charges. (http://www.guardian.co.uk/law/2011/oct/14/end-legal-aid-body-celebrating). With such a record of important social cases, it is arguable to say that the LSC has championed the rights of the individual and presented the case of the minority in the face of massive opposition from the government and even the public at large.

The integration of the LSC to the Ministry of Justice is a point of considerable concern to many Constitutional lawyers, and deservedly so. The LSC’s willingness to contend institutions as immense as the Ministry of Defence has proved to be an effective tool in the system of checks and balances that ensure the integrity of the Government. Lord Justice Laws has declared that denial of legal aid because of an undesirable decision from the court would amount to the interference of the judicial process and ultimately stand opposed to the rule of law. The great concern that stands before us is whether or not the Ministry of Justice can uphold the same level of autonomy that has been exemplified under the LSC or whether it will succumb to the influences of government policy now its status as a non-departmental public body will change.

Undeniably, Legal Aid under the LSC has had its critics. The Commission is accused of being sluggish in its policy decisions, not to mention accusations by Robert Buckland MP of severe mismanagement. But the importance of the LSC cannot be underestimated. Given their record of protection to the rights of the individual and their strident work towards equal rights in society, the LSC will be looked in retrospect as a genial and ultimately benevolent body. It’s a shame we didn’t recognise this until it was too late…

Me, Myself and I

The world of blogging is new to me both in terms of writing and following them. Maybe the best place to start is by way of introduction.

My name is Grant Caskie and I am a law student at the University of Northumbria. I graduated this summer with an LLB (Hons) Exempting degree and am commencing a Masters in Commercial Law. I have been living in Newcastle-upon-Tyne for five years now and previous to this my home has been the town of Limavady in Northern Ireland. Limavady is a sleepy little market town on the North coast and despite producing both the tune for Danny Boy and a Prime Minister for New Zealand, has little claim to fame. Life in Newcastle has been a million miles away from what I was used to and I have enjoyed every moment of it.

As yet I am unsure as to what path my career will follow. The fourth year of my course involved work in the Student Law Office, a pro-bono scheme where the students act for live clients under the supervision of real solicitors. While involved with this scheme I undertook work in the Family law department. I greatly enjoyed the work and feel it is an area of law I would like to become involved in. However, given the current economic climate and the scramble for jobs, like many other students I will be happy to work for any department of any firm that offers. Nevertheless, I will be applying to firms that have a commercial aspect to them and I hope to work in the south of England following graduation as it is an area of Britain I have never been to and would relish the opportunity of a fresh start.

Outside of legal studies I am an avid film fan and like nothing better than a trip to the cinema. Last year I discovered the small independent Tyneside theatre and have made it a second home ever since. I enjoy virtually every genre of film (except musicals) and would be hard pushed to name a favourite film but if I were to choose my favourite films relating to law, probably 12 Angry Men, Philidelphia and Inherit the Wind would top the list.

I hope this initial blog has been helpful in giving some background detail into the sort of blogger I hope to be. I look forward to discussing issues of law and providing what I hope to be a fresh insight into the matters at the heart of the subject. Hope to see you all soon.