Conflict in Ukraine (4) - Russia and the UK

"If we are to truly act with the robust moral authority that is required, we must get our own house in order. London has become the destination of choice for the crooks and thieves who run Russia" - Mr Stephen Kinnock MP (Aberavon, Labour) in the House of Commons 23 February 2022

As shown by a Foreign Affairs Committee report published in May 2018 (pdf), serious concern has existed for a considerable time about possible Russian influence in the UK including potentially undue influence over UK government activity.  

Further concern is how certain wealthy individuals have used the legal system to deter criticism of their activities - 

Putin has used British rich man’s law to avoid scrutiny, at a crippling cost to us all | Nick Cohen | The Guardian 26 February

Cohen goes so far as to say - "As Russian tanks

Conflict in Ukraine (3) - Reaction - UN, Council of Europe, EU, ICC, ICJ

Reaction of international bodies to the Russian military action in Ukraine:

United Nations:

UN Charter 

UN Security Council

Security Council fails to adopt draft resolution on ending Ukraine crisis, as Russian Federation wields veto

The Five Permanent Members of the UN Security Council - WorldAtlas

General Assembly resolution demands end to Russian offensive in Ukraine | | UN News

UN resolution against Ukraine invasion: Full text (dubai.ooo)

United Nations Security Council veto power - Wikipedia 

Presidency of the United Nations Security Council - Wikipedia

In February 2022, Russia held the Presidency of the UN Security Council. In March 2022 it is held by United Arab Emirates and, after that, UK (April 2022) and USA (May 2022).

7 April 2022 - UN General Assembly votes to suspend Russia from the Human Rights Council | | UN News

Council of Europe:

Situation in Ukraine: Decisions by Council of Europe's Committee of Ministers

Council of Europe suspends Russia's rights of representation

The European Court of Human Rights operates under the aegis of the Council of Europe. The court has announced interim measures concerning the Russian Federation (1 March 2022), Measures taken in cases concerning Ukraine (2 March), Interim measures concerning Russian military operations (4 March). Details are on the court's website - European Court of Human Rights - ECHR, CEDH, news, information, press releases (coe.int)

Law and Lawyers: Conflict in the Ukraine (7) - Russia excluded from Council of Europe (obiterj.blogspot.com)

An Aggression Chamber for Ukraine Supported by the Council of Europe - Opinio Juris

European Union:

Conflict in Ukraine (2) - NATO

The North Atlantic Treaty Organization (NATO) owes its existence to the North Atlantic Treaty of 1949 (sometimes referred to as the Washington Treaty).

The Treaty was signed on 4 April 1949 by 12 founding members. The Treaty derives its authority from Article 51 of the UN Charter which reaffirmed the inherent right of independent States to individual or collective defence. 

Collective defence is at the heart of the Treaty and is enshrined in Article 5 - NATO - Topic: Collective defence - Article 5

Conflict in Ukraine (1) - Sanctions

Updates at the end ...

On 24 February 2022, Russia sent its military forces into Ukraine. This was preceded by a lengthy build up of Russian forces. 

Russia has come under international condemnation because of its actions in Ukraine. As shown by this timeline, there has been a turbulent history since Ukraine became independent in 1991.

Sanctions have formed a part of the response by the UK Conservative government.

The imposition of sanctions is authorised

Article 50 and its implementation

On 4 February, the EU Parliament held a public hearing looking at how Article 50 TEU was implemented.

AFCO Public Hearing on the Assessment of the Implementation of Article 50 TEU | Hearings | Events | AFCO | Committees | European Parliament (europa.eu)

Also, on 16 February 2022, the EU Parliament issued an assessment of the Article 50 process - 

Assessment of the implementation of Article 50 (pdf) and Assessment of the implementation of Article 50 (html version)

This post notes some of the salient points in the assessment.

As always, the document has to be read in full. It identifies a number of problems with Article 50 and examines

Counsellors of State

Privy Council:

Most actions of the the Privy Council do not attract a great deal of public attention but that was not the case when, on 28 August 2019, the Privy Council held a meeting at Balmoral and decided to prorogue Parliament from a date between 9 and 12 September 2019 until 14 October 2019 - see Privy Council 28.8.2019. 

That meeting was attended by HM The Queen and three Privy Counsellors - Rt. Hon Jacob Rees-Mogg, Rt. Hon Baroness Evans of Bowes Park, and Rt. Hon Mark Spencer. Jacob Rees-Mogg was then Lord President of the Council. That post is now held by Mark Spencer.

The prorogation was, in law, a decision

Privacy for those under investigation? The Bloomberg case.

43 years ago in Malone v Metropolitan Police Commisioner [1979] Ch 344 (Megarry V-C) it was noted that there was no general right to privacy recognised by English law.  That case led, via Mr Malone's journey to Strasbourg, to the Interception of Communications Act 1985 (as enacted) - now replaced by the Regulation of Investigatory Powers Act 2000 (RIPA).  The 1985 legislation addressed the European Court of Human Rights judgment that the UK has breached Mr Malone's Article 8 Rights.

Article 8 provides that everyone has the right to respect for his private and family life, his home and his correspondence. It is a qualified right - "There shall be no interference