In addition to backing existing international legal frameworks, the UK should prioritise nurturing talent for international judicial roles and engaging positively with human rights organizations. By enhancing the resilience and autonomy of international courts, the UK can reinforce its foreign policy objectives and strengthen bonds with its allies. It is crucial for the government to be mindful of its rhetoric and language regarding human rights systems. By challenging divisive narratives and advocating for the universal advantages of human rights protection, the UK can secure public support and maintain credibility internationally. As the dynamics of global relations continue to evolve, the UK government must adapt to address new challenges such as cyber threats and climate emergencies within established legal frameworks. By championing responsible state conduct in the cyber realm and advocating for a global consensus on emerging issues like artificial intelligence, the UK can demonstrate its progressive approach to international law. In a world where skepticism towards international institutions is on the rise, the UK holds a distinct opportunity to reaffirm its dedication to upholding international law for the greater good. By navigating political complexities, promoting multilateralism, and responding to criticisms with transparency and diligence, the UK government can pave the way for a revitalized era of principled diplomacy and legal stewardship.
In an unprecedented move, Prime Minister Sir Keir Starmer will authorize emergency measures this week to automatically release criminals less than halfway through their sentence. This drastic decision comes amidst mounting concerns over prison overcrowding, which has reached critical levels, necessitating immediate action to alleviate the strain on the correctional system. Meanwhile, the UK is urged to protect Ukraine from potential legal action in UK courts over private debt default. This complex international legal issue will demand urgent attention from the new Justice Secretary, Shabana Mahmood, and the Attorney General, Richard Hermer KC. Labour’s stance on international legal frameworks is becoming clearer as the party is expected to drop the challenge to the International Criminal Court (ICC) over an arrest warrant for Israeli Prime Minister Benjamin Netanyahu, over mounting pressure from the US. This shift in policy indicates a more conciliatory approach towards international judicial bodies, and further subservience to the US government’s wishes.
Prison Overcrowding Crisis and Labour’s Promises
Prison overcrowding has been a persistent issue in the UK. The situation has become so dire that the government has resorted to releasing prisoners early to manage the crisis. This measure may undoubtedly compromise public safety, but Labour now plans to build ‘mini prisons’ to prevent humanitarian crises within the overcrowded prisons.
A coalition of organizations have criticized the government for these inhumane conditions that prisoners are subjected to, particularly that of the historical Imprisonment for Public Protection (IPP) sentences. The coalition, of whom have petitioned the Ministry of Justice, include Amnesty International, the National Association of Probation Officers, the Prison Officers Association, United Group for Reform of IPP, Inquest and Global Rights Compliance and many others.
Historically, the Woolf Report in 1990, which came on the heels of the Strangeways Prison riot, highlighted the need for prison reform and better conditions, leading to significant changes but underscoring the ongoing nature of the problem (Prison Reform Trust, 1991). The 2005 case of Napier v. The Scottish Ministers (2005CSIH16) ruled that the conditions in Barlinnie Prison violated the European Convention on Human Rights, demonstrating long-standing issues in the system. JURIST explored this crisis within its article on IPPs and controversial prison reform.
Starmer’s Legal Expertise and Cabinet Heavyweights
Sir Keir Starmer’s background as a lawyer positions him uniquely to address the intricate issues within the legal system. As a former Director of Public Prosecutions (DPP) and head of the Crown Prosecution Service (CPS), Starmer has a proven track record in legal leadership. His tenure in these roles will be tested within the political arena now, as he grapples with the challenge of deporting foreign criminals, in order to shore up prison space. Starmer’s ascent to the Prime Minister’s office marks the first time since 1963 that a knighted individual has assumed the role, following in the footsteps of Sir Alec Douglas-Home.
With a proven track record of leadership in the above organizations, perhaps we can finally come to expect a Prime Minister capable of actual service to the people of the United Kingdom. Starmer is after all, from humble working-class beginnings, with his father being a toolmaker and his mother being a nurse. He also gained his Bachelor of Laws degree at the University of Leeds, a very earnest and humble educational institution.
Alas, the journey of ascent to the rarified atmosphere within the higher echelons of the DPP and CPS came at a price. A distinguished career as a criminal and human rights barrister since 1987, cut short abruptly in 2013. But why? Savile. A case that would prove to be the poison potion of Starmer’s career. He subsequently announced reforms, ‘popped smoke’, and flanked left. Out of a career in law, and into a career in politics. So it seems, Starmer has proved himself as a very capable and respectable advocate for the people… when swimming in the bigger fishes’ shadow. But as soon as he must lead the school, he capitulates under the overwhelming pressure of the shadows. As a leader of the United Kingdom, he will have to stand firm against all those in the shadows that oppose him. Let’s hope he can operate in the dark.
Labour’s Legal Lore
Labour’s Shadow Cabinet boasts significant legal expertise, highlighted by Shabana Mahmood and Richard Hermer KC, who are key figures in driving legal reforms.
Shabana Mahmood, MP for Birmingham Ladywood, brings extensive legal experience to her role as Shadow Secretary of State for Justice. A graduate of Oxford’s Lincoln College and a qualified barrister. She has experience as Shadow Minister for Prisons under Ed Miliband.
Richard Hermer KC, appointed as Attorney General, is a distinguished barrister known for his expertise in public law, human rights, and international law. Hermer, called to the bar in 1993 and taking silk in 2009, has represented clients in cases involving international litigation, extraordinary rendition and more.
Other notable legal professionals in the Shadow Cabinet include David Lammy, MP for Tottenham, a trained barrister and advocate for criminal justice reform and civil rights. His work includes the influential Lammy Review, which addresses racial disparities in the criminal justice system. Yvette Cooper, MP for Normanton, Pontefract, and Castleford, who has extensive experience in public administration and has worked on domestic security and public law issues, notably contributing to the Domestic Abuse Bill.
Angela Rayner and Keir Starmer: A Dynamic Duo
The relationship between Keir Starmer and his deputy, Angela Rayner, could be likened to that of Junior and Tony Soprano—Starmer as the figurehead, Rayner as the operational powerhouse. This dynamic is expected to drive Labour’s agenda forward, with Rayner’s hands-on approach complementing Starmer’s strategic vision.
Starmer has been praised for assembling a majority female front bench, promoting gender equality and enhancing the Labour Party’s appeal. This inclusive approach is seen as crucial for Labour’s long-term success, potentially paving the way for future female leaders within the party.
Labour’s commitment to gender equality extends to legal reforms aimed at closing the gender pay gap, increasing protections against domestic violence, and ensuring equal representation in political and legal institutions. Historically, the Equal Pay Act 1970 laid the groundwork for gender equality in the UK. Presently, Labour’s policies continue to build on this legacy, addressing modern challenges in gender equality. Future legal reforms under Labour’s leadership will likely focus on strengthening these protections and promoting further gender equality in various sectors.
To strengthen the new government’s commitment to the rule of law, it is essential for the government to integrate the rule of law into its domestic and foreign policy decisions, thereby bridging the gap between national and international legal obligations. By expressly outlining the obligation to abide by international law in official regulations, the government can establish a precedent for steadfastly supporting international courts and institutions. An urgent issue requiring immediate attention is the dispute with Mauritius over the Chagos Islands, following the ICJ’s advisory opinion. Swiftly resolving this matter and collaborating with global bodies such as the ICC and ECHR will showcase the UK’s unwavering dedication to upholding the rule of law at an international level. However, Labour’s main focus at the moment will be the immediate strategy of maintaining law and order within a population already apathetic to the legal climate of the UK, with around 5000 criminals to be released early into the general population.
This article was written by JURIST’s UK Bureau Chief Elisabeth Driscoll and assistant editor Michael Crone. It was edited by James Joseph | Managing Editor for Long-Form Content.
