Ben Emmerson

Ben Emmerson
CBE KC
Emmerson at Chatham House in 2013
United Nations Special Rapporteur on Counter Terrorism and Human Rights
In office
2011–2017
Preceded byMartin Scheinin
Succeeded byFionnuala Ní Aoláin
Personal details
Born (1963-08-30) 30 August 1963 (age 60)
Kent, England
OccupationBarrister

Michael Benedict Emmerson CBE KC (born 30 August 1963) is a British barrister, specialising in public international law, human rights and humanitarian law, and international criminal law.[1] From 2011 to 2017, he was the UN Special Rapporteur on Human Rights and Counter-Terrorism. Emmerson is currently an Appeals Chamber Judge of the UN Mechanism for International Criminal Tribunals sitting on the Criminal Tribunals for the Former Yugoslavia and Rwanda. He has previously served as Special Adviser to the Prosecutor of the International Criminal Court, and Special Adviser to the Appeals Chamber of the ECCC (the UN-backed Khmer Rouge Tribunal in Cambodia).[1]

In his legal practice, Emmerson has acted for a number of foreign Governments in connection with international armed conflicts, including the Governments of Croatia,[1] Cyprus,[1] Georgia[2] and Ukraine.[2] He has also represented several current and former heads of State and other political figures, including Mohammed Nasheed (former President of the Maldives);[3] Ramush Haradinaj (former Prime Minister of Kosovo);[4] Arseny Yatsenuk (former Prime Minister of Ukraine);[5] and Carles Puigdemont (ex President of Catalonia).[6][7] He has appeared in numerous cases in the European Court of Human Rights, acting for and against the Government of the United Kingdom and other Council of Europe Member States, and has appeared in the International Court of Justice, the International Criminal Court and other international courts and tribunals.[1]

Emmerson's former clients include WikiLeaks founder Julian Assange (in connection with an attempt to extradite him to Sweden);[8] GCHQ whistleblower Katharine Gun (who was prosecuted under the UK's Official Secrets Acts following the 2003 invasion of Iraq);[9][10] and Marina Litvinenko (the wife of former Russian FSB officer Alexander Litvinenko, who was assassinated in London in 2006 using the radioactive isotope Polonium 210).[11][12][13][14] Emmerson also represented Abdelbasset al-Megrahi (the Libyan intelligence officer convicted of the Lockerbie bombing) in his appeal against conviction in Scotland, and subsequently acted for Abdullah Al-Senussi, the former head of national security to Colonel Gaddafi, in proceedings before the International Criminal Court.[15]

Within the UK, Emmerson has been a deputy High Court Judge, a Master of the Bench of the Middle Temple, a visiting professor of international law and security at the University of Oxford, and an Honorary Fellow of Mansfield College, Oxford.[1] In 2016, he was awarded an honorary PhD from Bristol University.[16]

In 2023, he represented Nicolás Maduro's government during Venezuela's appeal of the International Criminal Court investigation in Venezuela.[17]

Early life, education and early career[edit]

Born in Kent, his father Brian Emmerson was finance director of the Stock Exchange in London. He attended Douai School and Bristol University,[18] and was called to the bar in 1986. Until 1999 Emmerson was a member of Doughty Street Chambers,[19] but in February 2000 he left to join the new Matrix Chambers which specialises in human rights.[20] In May 2000 he was appointed Queen's Counsel.[21] In January 2019, he moved to Monckton Chambers.[1]

International appointments[edit]

Rights
Theoretical distinctions
Human rights
Rights by beneficiary
Other groups of rights

In June 2011, Emmerson was elected by the UN Human Rights Council as UN Special Rapporteur on Counter Terrorism and Human Rights.[22] He held this mandate until July 2017. In this capacity he reported annually to the UN General Assembly, the UN Human Rights Council and relevant entities established by the Security Council. He also conducted country visits and reports, and provided technical and other advice to states. He produced reports on the counter-terrorism policies of Saudi Arabia,[23][24] Chile,[25][26][27] Sri Lanka,[28][29] Tunisia[30] and Burkina Faso.[31] His first thematic report, published in 2012, concerned the human rights of victims of terrorism.[32] The report was welcomed by Amnesty International.[33] He also produced reports on the use of armed drones for counter-terrorism operations in Pakistan, Afghanistan and Palestine,[34][35][36][37][38][39] accountability for the torture of terrorist suspects,[40][41][42][43][44] human rights violations committed by ISIS in Iraq and Syria,[45] electronic surveillance,[46][47] terrorism and migration,[48][49] the impact of national security measures on civil society,[50] and the UN's counter-terrorism sanctions regime.[51][52]

Emmerson is currently the British judge on the UN Mechanism of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia.[53] He has previously acted as Special Adviser to the Prosecutor at the International Criminal Court and Special Adviser to the international judges of the UN backed Khmer Rouge Tribunal in Cambodia.[1]

Notable cases[edit]

In 1998, Emmerson successfully represented the claimants in the groundbreaking case of Osman v United Kingdom, a seminal decision of the European Court of Human Rights that first established the principle that a State owes a positive obligation to protect the right to life under Article 2 of the European Convention on Human Rights from the criminal acts of a private individual.[54] The case concerned the fatal shooting of a man in London by a teacher who had become obsessed with the victim's son. It was alleged that the police had failed to heed multiple warning signs, or take necessary action to prevent the murder, and that the British courts had failed to provide an effective remedy for the police negligence. The Court held that the United Kingdom had violated the victims’ rights to a fair hearing through the grant of an effective legal immunity to the police, shielding them from legal liability in the tort of negligence, and awarded damages for the breach.[55]

The following year, he successfully challenged the UK government's ban on homosexuals serving in the military, when he represented two homosexual members of British armed forces at the European Court of Human Rights. The UK government was ordered to pay compensation and subsequently reversed its policy.[56][57]

In 2003, Emmerson represented Islamist cleric Abu Qatada, accused of being a member of Al-Qaeda, along with a number of inmates of Belmarsh Prison, at a joint hearing of the Special Immigration Appeals Commission, challenging their indefinite detention, without charge or trial, on national security grounds.[58][59] The case (reported as A. v. Secretary of State for the Home Department), went to the House of Lords,[60] which held that the indefinite detention of foreign terrorist suspects without trial was in breach of Articles 5 and 14 of the European Convention on Human Rights, and that the UK's derogation from its obligations under the convention was invalid because it was discriminatory and disproportionate. The decision established key principles about the relationship between the judiciary and the executive. Lord Bingham, the Senior Law Lord, held that the House of Lords was entitled to overrule the decisions made by Government and Parliament in that case.[61] The case subsequently went to the European Court of Human Rights in Strasbourg which upheld the decision of the House of Lords, adding that the secret nature of the procedure was unfair to the accused.[62] In a subsequent decision arising out of the same case, Emmerson successfully argued in the House of Lords that the detention of terrorist suspects could not be justified by reference to evidence obtained by acts of torture committed abroad by the agents of a foreign state.[63]

Between 2005 and 2012, Emmerson successfully defended Ramush Haradinaj, the former Prime Minister of Kosovo, on war crimes charges at the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague.[4] Following Haradinaj's acquittal,[4] the Prosecution successfully appealed, and the Appeals Chamber of the ICTY ordered a partial retrial, which concluded in November 2012, with Haradinaj's acquittal a second time.[64][65] Haradinaj was subsequently re-elected as Kosovo's Prime Minister in 2016.[66]

In 2014, Emmerson was appointed Counsel for the Independent Panel Inquiry into Child Sexual Abuse in England and Wales.[67][68] On 29 September 2016, Emmerson was suspended and then resigned from the position.[69] It later emerged that an allegation of sexual assault had been made against him, but an inquiry by a senior judge ruled that the allegation was unfounded.[70]

In 2015 Emmerson represented Marina Litvinenko, wife of Russian ex-KGB agent Alexander Litvinenko, at the public inquiry into his murder in London in 2006, using a radioactive isotope, (Polonium 210).[11][12][13][14] Emmerson argued a successful judicial review challenge to the British Government's refusal to hold a public inquiry to examine the responsibility of the Russian State for Litvinenko's murder.[71] At the completion of the public inquiry, the judge, Robert Owen, found that the Russian State was responsible for ordering the murder, and that Russian President Vladimir Putin had "probably" given his personal approval to the killing.[72] Following the publication of the Inquiry report, Emmerson described the murder as an act of "nuclear terrorism" and called on Prime Minister David Cameron to take effective action, saying that a failure to respond would be a "craven" abdication of his responsibilities.[73] An official spokesperson for the Prime Minister commented: "The conclusion that the murder was authorised at the highest levels of the Russian State is extremely disturbing" and promised to take effective action in response.[73]

In 2016, Emmerson was appointed to the legal team representing Mohamed Nasheed – the first democratically elected President of the Maldives, who was deposed and then imprisoned by the regime of President Yameen Abdul Gayoom.[74] Following a successful claim to the United Nations Working Group on Arbitrary Detention, Nasheed took refuge in the UK. Emmerson was subsequently appointed as international envoy for the Maldives opposition in an unsuccessful attempt to seek dialogue through the UN.[75] In 2018, however, the opposition led by former President Nasheed won democratic elections in the Maldives and returned to power.[76]

In 2018, Emmerson took the case of Catalan President, Carles Puigdemont, to the UN Human Rights Committee, arguing that the Government of Spain had violated his right to participate in political life through a legal crackdown, following an independence referendum in Catalonia in October 2017.[77] He also took up the case of several prominent Catalan politicians and civil society leaders at the UN Working Group on Arbitrary Detention, arising out of their imprisonment in Spain on charges of sedition and rebellion for their part in the 2017 referendum.[78]

The same year, Emmerson appeared at the European Court of Human Rights in two inter-State cases against the Russian Federation. The first case, brought by Georgia, alleged that Russian forces and their proxies in the separatist movements in South Ossetia and Abkhazia committed war crimes during the invasion of Georgia in 2008. At a hearing on 23 May 2018, Emmerson argued that Russian troops were guilty of multiple violations during a "rampage" across Georgian territory in which Russia's aim was to "occupy as much territory as it could get away with".[79]

During 2018, Emmerson also represented the Government of Ukraine in inter-State litigation arising out of Russia's annexation of Crimea, and its sponsorship of the war in Eastern Ukraine.[citation needed]

Emmerson has advised Rohingya victims of human rights violations in Myanmar,[80][81] and Yazidi victims of human rights violations committed by ISIS in Syria and Iraq.[82]

During the International Criminal Court investigation in Venezuela, Emmerson represented Nicolás Maduro's government its appeal of the process.[17]

Writing[edit]

Emmerson was the founder editor of the European Human Rights Law Review and is co-author, with Professor Andrew Ashworth KC, of Human Rights and Criminal Justice (Sweet & Maxwell, 3rd Edition), the leading text on the application of the Convention in criminal cases. From 1995 to 2015 he was the human rights editor of Archbold Criminal Pleading, Evidence and Practice, Evidence and Practice (Sweet & Maxwell).

Honours[edit]

Emmerson was appointed as a Commander of the Order of the British Empire (CBE) in the 2020 Birthday Honours for services to international human rights and humanitarian law.[83]

In popular culture[edit]

In the 2022 ITVX miniseries Litvinenko, Emmerson was portrayed by Stephen Campbell Moore.[84]

References[edit]

  1. ^ a b c d e f g h "Ben Emmerson QC". Monckton Chambers. Archived from the original on 8 July 2019. Retrieved 18 March 2019.
  2. ^ a b Eldarov, Nijat (4 January 2019). "Ukraine appeals to ECHR for release of sailors captured by Russia". Emerging Europe. Retrieved 18 March 2019.
  3. ^ "Former Maldives' president calls for sanctions against government..." Reuters. 25 January 2016. Retrieved 18 March 2019.
  4. ^ a b c Bowcott, Owen; correspondent, legal affairs (29 November 2012). "Kosovan former PM cleared of war crimes by Hague tribunal". The Guardian. ISSN 0261-3077. Retrieved 18 March 2019.
  5. ^ "Ukraine's ex-PM to sue Russia in ECHR". unian.info. Retrieved 18 March 2019.
  6. ^ Strange, Hannah (2 March 2018). "Puigdemont's case presented to the UN, arguing Spain has violated his rights". The Telegraph. ISSN 0307-1235. Retrieved 18 March 2019.
  7. ^ Madrid, Graham Keeley (5 March 2018). "Catalan anointed leader fights on from jail". The Times. ISSN 0140-0460. Retrieved 18 March 2019.
  8. ^ "Discourteous and disrespectful, but not rape: the Assange defence". The Independent. 13 July 2011. Retrieved 18 March 2019.
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  11. ^ a b Grierson, Jamie (31 July 2015). "Alexander Litvinenko lawyer points finger at Putin as inquiry ends". The Guardian. ISSN 0261-3077. Retrieved 18 March 2019.
  12. ^ a b Haynes, Deborah (28 January 2015). "Litvinenko was set to expose 'criminal' Putin". The Times. ISSN 0140-0460. Retrieved 18 March 2019.
  13. ^ a b Haynes, Deborah (31 July 2015). "Putin 'liquidated' Litvinenko to silence crime gang claims, lawyer tells inquiry". The Times. ISSN 0140-0460. Retrieved 18 March 2019.
  14. ^ a b Haynes, Deborah (1 August 2015). "Tinpot despot Putin ordered Litvinenko murder, says widow". The Times. ISSN 0140-0460. Retrieved 18 March 2019.
  15. ^ Stephen, Chris (10 February 2014). "Lockerbie bombing inquiry: lawyer warns police over al-Senussi interview". The Guardian. ISSN 0261-3077. Retrieved 18 March 2019.
  16. ^ Bristol, University of. "July: Hon degrees - 24 July | News | University of Bristol". University of Bristol. Retrieved 18 March 2019.
  17. ^ a b Ferrer, Isabel (8 November 2023). "Venezuela tries to stop ICC from resuming investigation into crimes against humanity". El País. Retrieved 8 November 2023.
  18. ^ Peter Stanford (12 May 2012). "Top QC says human rights laws need 'serious change'". The Telegraph.
  19. ^ "The top five criminal talents". The Lawyer. 19 April 1999. Retrieved 23 November 2013.
  20. ^ "Doughty Street Chambers - Legal Diary". The Times. 8 February 2000.
  21. ^ "No. 55843". The London Gazette. 3 May 2000. p. 5076.
  22. ^ "22318, 1855-03-23, EMMERSON (Thomas) †". Brill. 2017. doi:10.1163/2210-7886_asc-22318. {{cite journal}}: Cite journal requires |journal= (help)
  23. ^ editor, Patrick Wintour Diplomatic (6 June 2018). "UN accuses Saudi Arabia of using anti-terror laws to justify torture". The Guardian. ISSN 0261-3077. Retrieved 18 March 2019. {{cite news}}: |last= has generic name (help)
  24. ^ "Saudi Arabia using anti-terror laws to detain and torture political dissidents, UN says". The Independent. 7 June 2018. Retrieved 18 March 2019.
  25. ^ Long, Gideon (31 July 2013). "UN attacks Chile's action on Mapuche". Retrieved 18 March 2019.
  26. ^ AP (31 July 2013). "UN official tells Chile to stop using anti-terrorism law against Mapuche in land dispute". The Daily Telegraph. ISSN 0307-1235. Retrieved 18 March 2019.
  27. ^ Hider, James (1 August 2013). "Chile under fire for anti terrorism attack on indians". The Times. ISSN 0140-0460. Retrieved 18 March 2019.
  28. ^ editor, Patrick Wintour Diplomatic (22 July 2018). "Sri Lankan reform has 'ground to a halt' with torture used freely – UN". The Guardian. ISSN 0261-3077. Retrieved 18 March 2019. {{cite news}}: |last= has generic name (help)
  29. ^ "U.N. raps Sri Lanka's slow progress on tackling war crimes". Reuters. 14 July 2017. Retrieved 18 March 2019.
  30. ^ "OHCHR | UN expert urges Tunisia to further ground in human rights its fight against extremism and terrorism". www.ohchr.org. Retrieved 18 March 2019.
  31. ^ "ODS HOME PAGE" (PDF). documents-dds-ny.un.org. Retrieved 18 March 2019.
  32. ^ "ODS HOME PAGE" (PDF). documents-dds-ny.un.org. Retrieved 18 March 2019.
  33. ^ "Amnesty International" (PDF). 31 May 2012.
  34. ^ "Stop drone attacks on Pakistan, Britain's UN counter-terrorism". The Independent. 15 March 2013. Retrieved 18 March 2019.
  35. ^ MacAskill, Ewen; Bowcott, Owen (10 March 2014). "UN report calls for independent investigations of drone attacks". The Guardian. ISSN 0261-3077. Retrieved 18 March 2019.
  36. ^ Stacey, Kiran (26 November 2014). "Publish guidance on lethal drone strikes, says former GCHQ chief". Financial Times. Retrieved 18 March 2019.
  37. ^ "Drone deaths rise in Afghanistan and Yemen". Al Jazeera. Retrieved 18 March 2019.
  38. ^ "Pakistan tells U.N. at least 400 civilians killed by drone strikes". Reuters. 18 October 2013. Retrieved 18 March 2019.
  39. ^ "UN SRCT Drone Inquiry". unsrct-drones.com. Retrieved 18 March 2019.
  40. ^ "U.N. rights advocate seeks release of findings on CIA detention". The Washington Post. Retrieved 18 March 2019.
  41. ^ Tran, Mark (12 December 2014). "CIA torture report sparks renewed calls to prosecute senior US officials". The Guardian. ISSN 0261-3077. Retrieved 18 March 2019.
  42. ^ EST, Lucy Westcott On 12/10/14 at 1:03 PM (10 December 2014). "UN Wants to Prosecute CIA, Bush Officials For Torture". Newsweek. Retrieved 18 March 2019.{{cite web}}: CS1 maint: numeric names: authors list (link)
  43. ^ Agency (12 December 2014). "CIA torture report: Prosecute US officials, says UN chief". The Daily Telegraph. ISSN 0307-1235. Retrieved 18 March 2019.
  44. ^ UN lawyer detail possible torture charges - CNN, 12 December 2014, retrieved 18 March 2019
  45. ^ Brown, Middle East Correspondent Matt; wires (23 June 2015). "IS committing atrocities on 'an industrial scale'". ABC News. Retrieved 18 March 2019.
  46. ^ Bowcott, Owen; Ackerman, Spencer (15 October 2014). "Mass internet surveillance threatens international law, UN report claims". The Guardian. ISSN 0261-3077. Retrieved 18 March 2019.
  47. ^ Hopkins, Nick; Taylor, Matthew (2 December 2013). "Edward Snowden revelations prompt UN investigation into surveillance". The Guardian. ISSN 0261-3077. Retrieved 18 March 2019.
  48. ^ "Anti-refugee laws increase terror risk, UN report finds". The Independent. 24 October 2016. Retrieved 18 March 2019.
  49. ^ Jones, Ben Emmerson and Jessica (21 October 2016). "Building walls to keep out immigrants helps terrorists". CNN. Retrieved 18 March 2019.
  50. ^ Ross, Alice (26 October 2015). "States 'using security as excuse to stifle human rights groups', UN official warns". The Guardian. ISSN 0261-3077. Retrieved 18 March 2019.
  51. ^ Bowcott, Owen; correspondent, legal affairs (11 November 2012). "UN 'may use torture evidence to impose sanctions on terror suspects'". The Guardian. ISSN 0261-3077. Retrieved 18 March 2019.
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  53. ^ "Judge Ben Emmerson". United Nations International Residual Mechanism for Criminal Tribunals. 17 February 2017.
  54. ^ Fairclough, Anna (13 October 2009). "Can the Human Rights Act protect people like Fiona Pilkington? | Anna Fairclough". The Guardian. ISSN 0261-3077. Retrieved 18 March 2019.
  55. ^ Lunney, Mark (January 2000). "Osman in Action-Article 6 and the Commission Reports in Z v United Kingdom and TP & KM v United Kingdom". King's Law Journal. 11 (1): 119–126. doi:10.1080/09615768.2000.11423597. ISSN 0961-5768. S2CID 149059759.
  56. ^ Richard Norton-Taylor and Clare Dyer (28 September 1999). "Historic ruling ends services gay ban". The Guardian. Retrieved 23 November 2013.
  57. ^ David Pannick QC (19 October 1999). "Why we must not penalise parts of a private personality". The Times.
  58. ^ "Ben Emmerson QC: abuse of human rights policies increases terrorism". The Guardian. 5 August 2017. Retrieved 5 August 2017.
  59. ^ Colombo, Marcos (7 November 2023). "Quién es Ben Emmerson, el antiguo abogado de Al Qaeda que ahora defiende a Nicolás Maduro de las acusaciones por delitos de lesa humanidad". Infobae (in Spanish). Retrieved 9 November 2023.
  60. ^ Frances Gibb, Legal Editor (5 October 2004). "Terror suspect laws damage democracy, lords are told". The Times. ISSN 0140-0460. Retrieved 18 March 2019. {{cite news}}: |author= has generic name (help)
  61. ^ Purshouse, Craig (September 2018). "R (Lumba) v Secretary of State for the Home Department [2012] 1 AC 245". Law Trove. doi:10.1093/he/9780191866128.003.0035.
  62. ^ "ECtHR- A. and others v. the United Kingdom, Application no. 3455/05, 19 February 2009 | European Database of Asylum Law". www.asylumlawdatabase.eu. Retrieved 18 March 2019.
  63. ^ "Lords rule on 'torture' evidence". 8 December 2005. Retrieved 18 March 2019.
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  66. ^ "Kosovo Parliament Approves PM Haradinaj, Cabinet". RadioFreeEurope/RadioLiberty. Retrieved 18 March 2019.
  67. ^ Hansard, Luke (1752–1828). Oxford Dictionary of National Biography. Oxford University Press. 28 November 2017. doi:10.1093/odnb/9780192683120.013.12221.
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  69. ^ "Lawyer for child abuse inquiry resigns". 30 September 2016. Retrieved 18 March 2019.
  70. ^ Laville, Sandra; Bowcott, Owen (14 December 2016). "Former child abuse inquiry counsel cleared of wrongdoing". The Guardian. ISSN 0261-3077. Retrieved 18 March 2019.
  71. ^ "approved judgment" (PDF).
  72. ^ "The Litvinenko Inquiry: Report into the death of Alexander Litvinenko" (PDF).
  73. ^ a b "Cameron condemns Russia over Litvinenko". 21 January 2016. Retrieved 18 March 2019.
  74. ^ correspondent, Owen Bowcott Legal affairs (25 January 2016). "Former Maldives president warns of return to dictatorship on UK trip". The Guardian. ISSN 0261-3077. Retrieved 18 March 2019.
  75. ^ "Ben Emmerson, QC appointed as opposition's legal adviser – Maldives Times". Retrieved 18 March 2019.
  76. ^ Safi, Michael (27 September 2018). "Maldives army vows to uphold election result amid rumours of challenge". The Guardian. ISSN 0261-3077. Retrieved 18 March 2019.
  77. ^ "spain-migrants-rights-violated-on-canary-islands-february-2002-3-pp". Brill. 2016. doi:10.1163/2210-7975_hrd-2156-0304. {{cite journal}}: Cite journal requires |journal= (help)
  78. ^ Strange, Hannah (1 February 2018). "Leading British lawyer takes Catalan leaders' case to UN". The Telegraph. ISSN 0307-1235. Retrieved 18 March 2019.
  79. ^ Harding, Luke (23 May 2018). "Georgia accuses Russia of war crimes during 2008 conflict". The Guardian. ISSN 0261-3077. Retrieved 18 March 2019.
  80. ^ "Activists launch 'Justice for Rohingya' campaign in London". Al Jazeera. Retrieved 18 March 2019.
  81. ^ "Rohingya Refugee Crisis: 20 Dec 2018: House of Commons debates". TheyWorkForYou. Retrieved 18 March 2019.
  82. ^ "Amal Clooney presses for Yazidi women to have part in French Isis trial". The Times. 3 December 2018. ISSN 0140-0460. Retrieved 18 March 2019.
  83. ^ "No. 63135". The London Gazette (Supplement). 10 October 2020. p. B23.
  84. ^ "Meet the cast of Litvinenko". Radio Times. 19 June 2023. Retrieved 6 August 2023.

External links[edit]

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Legal offices
Preceded by United Nations Special Rapporteur on Counter Terrorism and Human Rights
2011–2017
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