All posts filed under: Law

Denial and Defamation: The ITN-LM Libel Trial Revisited (II)

PART TWO: THE TRIAL VI. The Standards of Western Journalism The trial eventually began at the High Courts of Justice in London on 28 February 2000. The defendants—recorded as Michael Hume, InformInc (LM) Ltd., and Helene Guldberg—arrived at court on the heels of a disappointing pre-trial hearing. The presiding judge, Mr. Justice Morland, had ruled the testimony of a number of key defence witnesses, including the BBC’s John Simpson, inadmissible. He was not interested in rehearsing the debates about the journalism of attachment or press freedom that had convulsed the chatterati for three years. The claimants—recorded as Independent Television News Ltd., Penny Marshall, and Ian Williams—held that Deichmann’s article, Hume’s accompanying editorial, and the first LM press release were all false and defamatory. Under Britain’s controversial libel law, the defendants were required to show that their contested claims about ITN’s reporting were true. Morland simply wanted to establish if that was the case. The defence’s priority was to establish the location of the barbed wire fence at Trnopolje. This their lawyer Gavin Millar successfully accomplished …

Denial and Defamation: The ITN-LM Libel Trial Revisited (I)

PART ONE: THE CAMPS Intro: From Phnom Pehn to Srebrenica In 1977, Noam Chomsky and his co-author, the late Edward S. Herman, wrote an essay for the Nation entitled “Distortions at Fourth Hand,” in which they scorned reports that the Khmer Rouge were turning Cambodia into a charnel house. Stories of genocide, they suggested, were either exaggerated or fabricated outright by refugees, and any deaths—regrettable though they may be—were most likely the result of disease, starvation, and confusion caused by America’s devastating involvement in the foregoing civil war. The two books that bore the brunt of Herman and Chomsky’s disdain were John Barron and Anthony Paul’s Murder of a Gentle Land and François Ponchaud’s Cambodia Year Zero. Contemporaneous accounts from and about war zones are rarely correct in every particular. But Chomsky and Herman ignored everything Ponchaud and Barron-Paul got right, and seized upon isolated errors and inconsistencies to discredit their work in its entirety. Gareth Porter and George C. Hildebrand’s book Cambodia: Starvation and Revolution, on the other hand, they praised as “a carefully …

I Asked Thousands of Biologists When Life Begins. The Answer Wasn’t Popular

Shortly after being awarded my Ph.D. by the University of Chicago’s department of Comparative Human Development this year, I found myself in a minor media whirlwind. I was interviewed by The Daily Wire, The College Fix, and Breitbart. I appeared on national television and on a widely syndicated radio program. All of this interest had been prompted by a working paper associated with my dissertation, which was entitled Balancing Abortion Rights and Fetal Rights: A Mixed Methods Mediation of the U.S. Abortion Debate. As discussed in more detail below, I reported that both a majority of pro-choice Americans (53%) and a majority of pro-life Americans (54%) would support a comprehensive policy compromise that provides entitlements to pregnant women, improves the adoption process for parents, permits abortion in extreme circumstances, and restricts elective abortion after the first trimester. However, members of the media were mostly interested in my finding that 96% of the 5,577 biologists who responded to me affirmed the view that a human life begins at fertilization. It was the reporting of this view—that …

Male-Bodied Rapists Are Being Imprisoned With Women. Why Do so Few People Care?

In 2015, the British Association of Gender Identity Specialists (BAGIS) submitted a written brief to the Transgender Equality Inquiry, which had been undertaken by the UK Parliament’s Women and Equalities Committee, explaining why it was “naïve to suggest that “nobody would seek to pretend transsexual status in prison if this were not actually the case.” “There are, to those of us who actually interview the prisoners, in fact very many reasons why people might pretend this,” wrote Dr. James Barrett, the President of BAGIS. “These vary from the opportunity to have trips out of prison through to a desire for a transfer to the female estate (to the same prison as a co-defendant) through to the idea that a parole board will perceive somebody who is female as being less dangerous through to a [false] belief that hormone treatment will actually render one less dangerous through to wanting a special or protected status within the prison system and even (in one very well evidenced case that a highly concerned Prison Governor brought particularly to my …

Jeffrey Epstein and All the Others: An Explainer

Jeffrey Epstein is the model villain for this cultural moment. He stands at the nexus of three of our hottest flashpoints: male sexual assault, capitalism’s oligarchs’ greed, and corruption, and the vulnerability of children horribly mistreated in Manhattan townhouses and private Caribbean islands as well as along our Southern borders. So it’s understandable that a lot of people have looked at Epstein’s venality primarily through the lens of these contemporary themes—understandable, but myopic. Epstein’s crimes present an opportunity to consider larger historical, anthropological, cultural lessons about the seemingly endless, whack-a-mole reappearance of men with his obsessions. The truth is the attraction of older males to young females on the cusp of maturity is not so much the story of rich capitalist scumbags exercising droight du seigneur, as it is a universal urge for reproductive success likely grounded deep in our primitive brains. This is in by no means to excuse or forgive any grown men who seek sex with young girls. On the contrary. They violate one of the modern world’s key moral principles. And …

A Canadian Human Rights Spectacle Exposes the Risks of Unfettered Gender Self-ID

There’s an important category in logic known as reductio ad absurdum, according to which you contradict an argument by showing that its general application will produce absurd results. It has been in my mind over the past fortnight or so, as I’ve followed a human-rights tribunal in British Columbia, Canada, and watched it deal with complaints made by trans woman Jessica Yaniv (or “Jonathan Yaniv”: The person apparently goes by both names) against three aestheticians. When it comes to the notion that “gender identity”—the self-declared, subjective feeling of being a man or woman—can reasonably be taken to trump biological sex in law and daily life, Yaniv presents us with a reductio ad absurdum on two legs. For those who have not been following the case (which, oddly, has been covered by the international media, but mostly ignored by Canada’s own press), the details will sound unbelievable. Last year, Yaniv used social media to contact 16 female aestheticians in the Vancouver area, most working out of their own homes, who advertized Brazilian waxing—the removal of some …

The Many Lies of Carl Beech

On July 22, a two month trial at the Newcastle Crown Court ended with the conviction of Carl Beech on 12 counts of perverting the course of justice, and one of fraud. A seemingly unremarkable NHS manager, Beech had spun a web of falsehoods naming numerous men—alive and dead—from the world of politics, the army, and the security services, of murder and mind-bogglingly dreadful acts of child sexual abuse. Millions of pounds were spent by the Wiltshire and Metropolitan Police investigating his claims, and then millions more by the Northumbria Police, proving that they were false. To make matters even worse, it emerged during his trial that Beech had pleaded guilty in January to spying on children for his own sexual gratification, and had made and stored hundreds of indecent images of children. A man whose story had convinced the Metropolitan Police’s finest detectives, a number of MPs, journalists, and anti-abuse campaigners was finally proven to be a fraudster, a liar, and a paedophile. He will be sentenced tomorrow and can expect to spend many …

How Due Process Fell Victim to Good Intentions: A Veteran Court Reporter Looks Back

The essay that follows is adapted from remarks delivered by the author upon receipt of the Justice Centre for Constitutional Freedoms’ George Jonas Freedom Award on June 14 in Toronto. I find it amusing that we’re here, celebrating freedom, at a time when Canada’s federal justice committee unanimously has agreed to rewrite recent history. In the last week of May, Conservative MP Michael Cooper dared to quote three lines from New Zealand terrorist Brenton Tarrant’s dreary manifesto in response to a bit of a hectoring from a Muslim witness who’d appeared before the committee, which was studying online hate. The witness was Faisal Khan Suri, the president of the Alberta Muslim Public Affairs Council, and among the things he said was this: We’ve seen a lot of recent tragedies happen across the world. In January 2017, the Quebec City mosque killer, Alexandre Bissonnette, gunned down six Muslim men in execution style when he came into the mosque with two guns and fired more than 800 rounds. The evidence from Bissonnette’s computer showed he repetitively sought …

Human Dignity and Human Rights

My forthcoming monograph for the University of Wales Press, Making Human Dignity Central to International Human Rights Law: A Critical Legal Argument, discusses a number of topics, ranging from the state of critical legal scholarship to international relations. However, much of what I might have written even a year earlier was profoundly altered by the rise to power of postmodern conservatives. Frequently agitating for a nationalist agenda, and opposed to universal human rights, this development lent my book a more cynical edge. Nevertheless, I still consider it an optimistic text—one that defends an emancipatory conception of human dignity and the steps we might take to realize it. Dignity’s Unusual History Conceptions of human dignity go back a very long way. Many of the great religions of the world—including the monotheistic faiths of Christianity, Judaism, and Islam—offer human dignity as something bestowed by God. Buddhists argue that the locus of human dignity lies in our capacity to pursue self-perfection. The term itself arose in the thirteenth century from the Latin dignitas, which referred to the “worthiness” of …