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Alexander Horne
@legalmusings.bsky.social
Barrister. Commentator. Visiting Prof @ Durham University. Former parliamentary lawyer. Former special adviser UK Parliament (women & equalities; international agreements). Musings on law, politics & restaurants . Personal views. 🇬🇧🇧🇪🇮🇱 📍LDN/BXL
3.8k followers1.3k following760 posts
AHlegalmusings.bsky.social

… People will take their own views on that. Although perhaps when they do, they might also ask Jenrick all the other questions about what happens if we leave the ECHR around issues like criminal justice and security co-operation with the EU, compliance with the Good Friday Agreement, etc.

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AHlegalmusings.bsky.social

It appears that Jenrick has made two fairly contradictory points today…

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AHlegalmusings.bsky.social

Have now posted something about that as well. Thanks for reminding me.

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AHlegalmusings.bsky.social

Perhaps he has in mind the McCann and others v U.K. judgment after the ‘Death on the Rock’ case where IRA terrorists were shot in Gibraltar when unarmed, with their hands raised. That case was heard in 1995 and could probably be distinguished quite easily from Operation Neptune Spear.

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AHlegalmusings.bsky.social

Second, I don’t recall the U.K. actually being seriously involved in such operations in my lifetime. And the US and Israel - the countries which have done this rather successfully - are not members of the ECHR. So what precedent is he citing?

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AHlegalmusings.bsky.social

This - by Robert Jenrick MP - strikes me as a little bizarre. First, I don’t believe that special forces operations like these are typically litigated before the courts, or even advertised before they occur. As the saying goes, it's better to ask for forgiveness than permission.

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AHlegalmusings.bsky.social

What would a visitor from the past think? As poet Andrew Motion put it: ‘new structures but an old foundation stone’. Arguably, not too much has changed since the days of the Law Lords.

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AH
Alexander Horne
@legalmusings.bsky.social
Barrister. Commentator. Visiting Prof @ Durham University. Former parliamentary lawyer. Former special adviser UK Parliament (women & equalities; international agreements). Musings on law, politics & restaurants . Personal views. 🇬🇧🇧🇪🇮🇱 📍LDN/BXL
3.8k followers1.3k following760 posts