Student blog post: On the basis of the article ‘Can the ICC Probe End Duterte’s Deadly War on Drugs?’ (by Richard Javad Heydarian in Al Jazeera, 14 February 2018) critically discuss the legal issues relating to the involvement of the International Criminal Court in the Philippines.

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This post (edited for publication) is contributed to our blog as part of a series of work produced by students for assessment within the module ‘Public International Law’. Following from last year’s blogging success, we decided to publish our students’ excellent work in this area again in this way. The module is an option in the second year of Bristol Law School’s LLB programme. It continues to be led by Associate Professor Dr Noelle Quenivet. Learning and teaching on the module was developed by Noelle to include the use of online portfolios within a partly student led curriculum. The posts in this series show the outstanding research and analytical abilities of students on our programmes. Views expressed in this blog post are those of the author only who consents to the publication.

Guest blog by: Baharan Shabani

Duterte’s ‘War on Drugs’ is a controversial issue that has been going on and is still happening in the Philippines. According to Human Rights Watch (see relevant section on the Philippines in World Report 2017) it has brought the country to its worst human rights crisis since the dictatorship in the 1970s under Ferdinand Marcos. Phelim Kine describes the situation in this article. Since June 2016, under Duterte’s presidency, more than 7,000 deaths were caused in suspicious ways; masked, civilian-clothed men or even the police took alleged drug takers into detention and then reported of their deaths in an inaccurate way by stating that the individuals had been killed in self-defence (see here). Although responsibility was accepted for 2,615 of these killings, there seems to be great reluctance to admit responsibility for the other killings.

Duterte is of the opinion that leaving the Rome Statute will make it impossible for the International Criminal Court (ICC) to continue its investigations into these acts. However, theoretically, this will not be the case. Indeed, even after the withdrawal, the ICC will legally be able to bring this case forward.

In his article Richard Javad Heydarian questions the ICC’s ability to end Duterte’s killings. On 17 March 2018 the Philippines withdrew from the Rome Statute as Duterte was convinced that, as a result, the ICC could in no way interfere with his political actions anymore. To determine whether this is true the ICC’s jurisdiction needs to be examined. It is based on four criteria: the person in question (ratione personae), the substance of the case (ratione materiae), the location of the crime (ratione loci) and the time of the act (ratione temporis).

Based on Article 25 (3)(b) of the Rome Statute which deals with individual criminal responsibility Duterte can be prosecuted as natural persons pursuant to this Statute are individually responsible for committing a crime within the jurisdiction of the ICC by ordering, soliciting or inducing such crimes, as it is the case with Duterte. The fact, that he is a Head of State is, according to Article 27 ICC Statute, irrelevant.

The crime that he is being accused of is a ‘crime against humanity’ under Article 5(b) ICC Statute which is further explained in Article 7. All elements of Article 7 ICC Statute must be fulfilled. The act is ‘murder’ under Article 7(a) ICC Statute. It can be said with confidence that, because of Duterte, a large number of individuals have been killed. Second, the killings have been carried out in a widespread and systematic way. Third, such killings were an intended conduct as he often confidently defends his actions (Cyril Arnesto, ‘Extrajudicial Killings and Enforced Disappearance in the Philippines as Crimes against Humanity under the Rome Statute’ (2008-2011) 4 Asia-Pacific Yearbook of International Humanitarian Law 305-331).

If a crime takes place on the territory of a state that is a party to the Statute (Article 12(2)(a) ICC Statute) then the ICC can carry out its investigations. At the time the investigations started, this requirement was fulfilled because the extra-judicial killings only took place in the Philippines.

That being said, the problematic issue is time. Indeed, will the ICC still be able to investigate Duterte’s crimes? Article 127 ICC Statute states that the withdrawal is effective one year after the declaration of withdrawal. For the Philippines that would be March 2019. This is certainly a spark of hope for the ICC. For example, the investigations into acts committed in Burundi, the first State that withdrew from the Statute in 2016, continued for another year. These investigations are still taking place and can be found on the ICC’s website under the current situations. The timeframe in which Burundi was part of the Statute gives the court jurisdiction over it for that particular time (Situation in the Republic of Burundi).

According to the ICC Prosecutor Fatou Bensouda, her office will investigate the crimes committed by Duterte after the start of his presidency in July 2016 and will include all the killings until March 2019. However, it should be noted that to initiate official investigations the Prosecutor will need, according to Rule 50(5) of the Rules of Procedure and Evidence, to seek authorisation from a pre-trial chamber.

Pro bono: Further reflections on the African Prisons Project experience

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One of the many activities the UWE Pro Bono Unit undertakes is the African Prisons Project. The project sees UWE students assisting prisoners and prison warders during their Law studies in Uganda and Kenya. Kathy Brown has previously blogged about the project here. In this post, Kelly Eastham reflects on her experience:

I never thought that I would have spent my summer working in 3 maximum security prisons in Kenya and never did I think that this would be the place that would inspire me the most.

I have had the most unforgettable summer of my life. I thought that my role this summer would be to “teach” but instead I have been taught some serious life lessons and I have learnt far more than I could have possibly taught. I have learnt more about myself in the space of these 2 months than I have my whole life. I have discovered my strengths and weaknesses and new passions and dreams. But most importantly I have learnt to be grateful for all of my blessings and to always remember how good I have it in comparison to those less fortunate.

I have had the pleasure of working with some of the most amazing, selfless and inspiring people I have ever met. They continued to amaze me with their intelligence, their skill, their compassion and their hearts of gold. I am beyond moved by every single inmate and their motivation to achieve a law degree purely to help others with no regard for financial gain. This has been such a shocking contrast to the reality of life as a law student in the UK where money is a key (if not the main) motivator behind a legal career.

It has been heartbreaking to see how much a system has failed so many incredible people and branded them as criminals knowing they would never be in this situation if they were in the UK. It’s devastating to hear their dreadful stories of miscarriages of justice and all the unconstitutional death penalty’s that have been issued to people who are so undeserving but are now on death row for crimes not proportionate to such an outdated form of punishment. But despite all of this wrong doing the inmates all seemed in great spirits and they were all so grateful for the little things. It has been so emotional and almost uncomfortable to receive so much gratitude for simply being a nice human and helping people who are so deserving. For me this highlights how much prison reform really needs to take place if little things such as our support have been so impactful on their life. They deserve so much more help and support and it is frustrating to see how little they receive.

But on a more positive note it has been incredible to see the dignity and hope brought to places where there has previously been none and to take small steps to start improving their life and building up a future for them if they are released. All the work APP are doing has been a HUGE step in the right direction but there is still lots more work to be done. But I am so excited to see the impact of the amazing work we are doing in Africa. Being able to see at first hand the impact of the work we have achieved this year has been so motivating and emotional. I am so honoured to be a part of something that has had such a huge impact on the inmates lives and I cannot wait to continue working with APP. I hope our work continues to help achieve justice in the prison system and provides wrongly convicted inmates with a voice and the knowledge to support themselves and others victims of injustice.

This has been one of the most unforgettable life experience I could ever ask for and I hope all victims achieve the justice they deserve. I am so proud of all of my incredible students and being able to help them grow and develop has been the best thing I have ever done. My last week was full of some of the hardest goodbyes I have had to say and I know I will never forget any of them. Until next time Africa 🌍✈️

 

 

UWE Bristol moves into top 10 in UK for student satisfaction

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The University of the West of England (UWE Bristol) has climbed into the top 10 universities in the UK for student satisfaction.

Results from the latest National Student Survey (NSS) have revealed a record 89 per cent of UWE Bristol final year students were satisfied with their course overall, an increase of one percentage point on 2017.

The rise – the fourth consecutive annual increase recorded at the University – comes as the average overall satisfaction score across the higher education sector dipped from 84 per cent to 83 per cent.

UWE Bristol is now the highest ranked university for overall student satisfaction of all 18 institutions in the University Alliance, a group of British universities focused on technical and professional education.

Professor Steve West, Vice-Chancellor at UWE Bristol, said: “I’m absolutely delighted our overall score has increased to 89 per cent. This is outstanding in its own right and even more impressive in a year where the sector has declined to 83 per cent.

“This is a really tremendous achievement and one that has only been achieved by hard work, focus and a genuinely collaborative effort.”

The 2018 National Student Survey, carried out by the Office for Students and the UK higher education funding bodies, captured the views of more than 320,000 students

The annual survey sees students reflect on their time at university, offering their verdict on topics ranging from teaching and assessment to resources and academic support. It was introduced in 2005 to help inform the choices of prospective students and assist universities in enhancing student experience.

In this year’s results, UWE Bristol’s scores were above the UK average on 26 of the 27 survey questions. Some 56 programmes achieved a score of 92 per cent or above with 12 achieving 100 per cent: Architecture and Environmental EngineeringArchitecture and PlanningCriminology and SociologyDrawing and PrintEarly ChildhoodGeographyInformation Technology Management for BusinessIntegrated Wildlife ConservationInterior ArchitectureNursing (Children’s)Nursing (Learning Disabilities) and Robotics.

Find out more about UWE Bristol rankings and reputation.

Institute of Directors award for Bristol Law School Executive Dean

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Donna Whitehead, Executive Dean of UWE Bristol’s Bristol Business School and Bristol Law School, was named New Director of the Year at the 2018 IoD South West awards.

Leading a team of nearly 300 staff and more than 6,000 students, Donna manages a budget of £55 million. She also leads the work on enterprise across the University. In winning the inaugural New Director award, she was singled out for achieving transformational change for the organisation in an impressively short period of time.

Donna said: “I am delighted to win this award. I’m incredibly proud to lead the Faculty, and enjoy and value working with all our talented staff. This award reflects their great work.”

A total of 14 directors from across the region were shortlisted for the awards, presented yesterday at a ceremony near Exeter. The awards were sponsored by accountants Bishop Fleming, which has offices throughout the South West. Guest speaker was Roy Kinnear, COO of South West-based airline Flybe.

Nick Sturge, South West chair of the IoD, said: “The South West has a well-deserved reputation for creativity, leadership and entrepreneurship. The diversity of awards this year served to demonstrate just this. We had a record number of entries this year so to be even shortlisted was an achievement. I want to congratulate not just our winners but our runners up too.”

All the winners will now go forward for a chance to represent the South West at the IoD National Director of the Year Awards in the autumn.

Pro Bono works: Network For Creative Enterprise

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The second blog in our series on Pro Bono: 

The Business Advice Clinic, one of UWE’s Pro Bono initiative, has been providing legal assistance to the members of the Network for Creative Enterprise over the past academic year. The NFCE is a collaboration between the Watershed’s Pervasive Media Studio, Knowle West Media Centre, Spike Island, and The Guild based in Bath. UWE is also a partner in the Network. In each of the centres, residents have the opportunity to join the NFCE to receive a mixture of support to turn their ideas into economically sustainable businesses, including free work space and a package of business development support. As part of that support, residents from the hubs are able to make appointments with Business Advice Clinic students, supervised by Marcus Keppel-Palmer, Director of Pro Bono.

Marcus said: “the businesses at NFCE are those working in the creative and cultural arena, often at the very outset of their business life, and so many of the questions are around intellectual property protection, putting together terms and conditions of business, and data protection, although we have been asked about all kinds of matters, including regulations affecting drones!”. Clinics have been held at the Watershed, Spike Island and Knowle West Media Centre with plans to venture over to Bath underway. Each client has a one-hour appointment with students taking instructions, undertaking any research and providing assistance as a follow-up.

One of the students on the team, Lucie Wickens said: “these regular drop-in sessions at Spike Island, Watershed, The Guild and Knowle West Media Centre have provided students with excellent exposure of working with clients, and has assisted in the development of start-up businesses (many of which are UWE graduates) across Bristol and Bath. The work I have undertaken on the Business Advice Clinic, through the Network for Creative Enterprise has been invaluable as a discussion point in interviews, and in building my confidence of working with clients.”

Nearly 20 of the residents have so far taken advantage of the sessions. These residents have reported that the advice and the access to advice has been invaluable. One resident said: “Thank you so much for all the support and advice from you and your team. The conversations and the draft contracts you have drawn up have been an invaluable contribution to our development. Without this free service offered through the Network for Creative Enterprise we would have struggled to access let alone pay for legal advice and support of this kind.”

Rachael Burton, one of the NFCE Producers based at the Pervasive Media Studio, said: “It’s been great to work with Bristol Business and Law School at UWE through the legal advice clinics run by Marcus and his students. Having access to free legal advice in a familiar setting has been really valuable to the artists and small creative businesses we are supporting through Network for Creative Enterprise. We look forward to developing this ongoing relationship.”

 

UWE Bristol rated GOLD in Government assessment

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The University of the West of England (UWE Bristol) has been awarded gold status in the latest Government rankings for higher education providers.

UWE Bristol has been recognised with the highest possible rating in the Teaching Excellence and Student Outcomes Framework (TEF) 2018. Gold-standard institutions have provision that is consistently outstanding and of the highest quality found in the sector.

Advancing from the silver rating awarded in 2017, the University has been praised by assessors for outstanding graduate employability outcomes and successful approaches to personalised learning.

The framework led by the Office for Students (OfS) measures the performance of all UK universities and higher education providers based on a wide range of factors including graduate employability, National Student Survey (NSS) results and learning environment.

Introduced two years ago to recognise and reward excellent learning and teaching, the TEF has been designed to help students choose where to study by providing clear information about teaching provision and student outcomes.

In its 2018 assessment, UWE Bristol received recognition for:

* Outstanding performance with regard to sustained employment and graduate earnings

* Students from all backgrounds achieving consistently outstanding outcomes

* Student satisfaction with academic support, and the rate of progression to highly skilled employment or further study, being above the University’s benchmarks

* Outstanding learning resources with extensive facilities for lecture capture

* Successful approaches to personalised learning, with effective support arrangements for specific student groups, that secure the highest levels of student engagement with learning.

Overall, the TEF panel of assessors judged that the combination of UWE Bristol’s performance data and its submission met the criteria for a gold award, which is valid for up to three years.

The University is ranked in the top quartile of all higher education providers in the UK and is among only five universities in the South West to hold gold TEF status.

Professor Steve West, Vice-Chancellor at UWE Bristol, said: “We are absolutely thrilled to receive this gold award. It recognises the importance we place on the student experience and teaching, and how our practice orientated and professionally accredited courses consistently equip our students for graduate level jobs.

“A huge thank you goes to all our staff on what is a very proud day for the University. Their hard work and commitment has made a vital contribution by ensuring students receive the best possible higher education experience.”

The award of a gold rating in the TEF comes one week after UWE Bristol was named in the top 40 of the annual university league table compiled by the Guardian. The University climbed to its highest ever position of 37th out of 121 UK institutions following strong performance in the NSS and an increase in spend per student.

UWE Bristol climbs into top 40 in latest Guardian league table

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The University of the West of England (UWE Bristol) has climbed to its highest ever position in the Guardian university league table. Moving up 15 places, the University is ranked 37th out of 121 UK institutions in the newspaper’s latest annual guide for students.

Continued strong performance in the National Student Survey (NSS) and an increase in spend per student have helped the University break into the top 40 in the 2019 guide.

Three subject areas, Education, Film Production & Photography and Philosophy, have been ranked in the top five nationally while Architecture earned a place in the top 10.

UWE Bristol has been ranked 12th in the country for its value-added score, which compares students’ degree results with their entry qualifications to show how effectively they have been taught, and 26th for satisfaction with teaching.

The Guardian league table focuses on the quality of teaching, student satisfaction and employability. Compiled by independent company Intelligent Metrix, the guide ranks universities according to: spending per student; the student/staff ratio; graduate career prospects; what grades applicants need to get a place; the value-added score; and how satisfied final-year students are with their course, based on results from the annual NSS. For the first time this year, the newspaper has included a continuation score based on the percentage of first-year students continuing to a second year. The overall Guardian league table is accompanied by subject rankings, showing how universities perform across 54 areas of study.

It is the third consecutive rise up the Guardian table for UWE Bristol, which has also performed strongly in the Complete University Guide and The Times and Sunday Times Good University Guide.

Professor Steve West, Vice-Chancellor at UWE Bristol, said:

“This represents a giant stride forwards for our University and it is immensely pleasing to receive recognition for our continued progress in this national guide. Our rise in the table is richly deserved and testament to the tremendous efforts being made by our staff to ensure the student experience is at the centre of everything we do.”

Dr Zainab Khan wins at the Bristol Diversity Awards 2018

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Dr Zainab Khan picked up the award for Positive Role Model (Race / Ethnicity) at the 2nd Bristol Diversity Awards event on Saturday 18th May at the Mercure Holland Hotel & Spa.

Zainab was nominated for her work on the UWE Bristol Equity Programme.

Equity is a positive-action talent development programme aiming to improve BAME graduate outcomes  through identity coaching, enterprise education and large networking events.

It marks a major departure from traditional diversity practice in Higher Education, and has received  positive reception from external observers and city commentators for its innovation. You can find out more about the Equity Programme here

Prior to the event Zainab was interviewed for ITV’s local news to discuss the upcoming awards

Attending the awards were Equity student committee members, Donna Whitehead (Executive Dean & Pro Vice Chancellor), Dr Harriet Shortt (Associate Professor Bristol Business School), Mena Fombo (Motivational Speaker and Equity Programme Coach) and Alex Mormoris, former colleague and key member of the Equity Programme staff.

Congratulations to Zainab and the Equity team on this impressive achievement.

Centre for Applied Legal Research to present at SLSA Conference 2018 

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The Annual Conference of the Socio-Legal Scholars Association is one of the high points of the legal academic calendar, and this year UWE’s Centre for Legal Research will be out in force showcasing current research at “the other place”. Bristol University is hosting the conference this year from March 27 – 29.

Emma Whewell is presenting a paper in the mental health stream entitled “Pre-proceedings and capacity: the impact of professional language and other barriers on parents with learning disabilities”. Emma has undertaken research into pre-proceedings protocols in Family Law, and this paper will showcase some of her research. Laura Walker has done research on resilience and mental health, but for the SLSA she is presenting a paper in the Law and Emotion stream entitled “The Role of Empathy in the Sentencing of Women in England and Wales”, one of several papers from the Centre for Legal Research that looks at criminal justice either directly or indirectly.

Ed Johnston will be presenting his paper entitled “The Defence Lawyer in the Modern Era and the Evolving Criminal Trial” reporting on his research in the criminal justice field. He is not the only UWE researcher presenting on criminal justice topics as Professor Phil Rumney is chairing two panels in the Sexual Offences stream and is presenting a paper with Duncan McPhee (Criminology) entitled “Exploring the Impact of Multiple Victim Vulnerabilities on Rape Investigations in England and Wales”. Tom Smith will be reporting on a pilot study undertaken at the Bristol Magistrates Courts looking at the lack of local newspaper reporting of the courts. Tom will be presenting with Marcus Keppel-Palmer and the partners from the Journalism Department, Sally Reardon and Phil Chamberlain. An early report was made to the Society of Editors and quoted by John Whittingdale MP.

Looking at criminal offences in the context of sports law is Matt Hall who is presenting a paper based around his PhD research into the offences around alcohol and drunkenness at football stadia. Matt will be arguing the case for liberalising the laws which apply only in the context of football and not other sports. Matt will also be co-presenting a second paper in the Sports law stream with Marcus Keppel-Palmer reporting on their content analysis of sports photographs in national newspapers in a paper entitled “The Connoted Message of Sports Photography in National Newspapers”. Marcus will have a busy conference as he is also presenting a paper in the Law and Music stream entitled “Law, Outlaw and Deviancy in Bro Country”.

The week before Easter also sees the Association of Law Teachers Conference, to be held at Keele University, and amongst UWE’s researchers presenting papers there are Kathy Brown, Rachel Wood and Thomas Webber.

PSU Murder Mystery Fundraising Event – March 21

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On March 21, a group of MA Event Management students are hosting a networking event with a twist. Join them for their Murder Mystery Networking Evening for anyone in the legal profession.

You will team up with to solve crime, whilst widening your connections in the legal field.

While benefiting from meeting and connecting with new individuals, all profit generated from the event will be provided the legal charity

Personal Support Unit (PSU). The PSU help individuals in the Bristol area who are facing legal processes alone by assisting them to represent themselves effectively in civil and family cases and tribunals. You can read more about their work here.

For just £12, you will receive admission to the Murder Mystery Networking Evening, along with a welcome drink and nibbles.

Come along to get to know new people whilst competing against your colleagues and friends to solve the murder the fastest – there is a prize for the quickest team!

Register here or find out more information here .