Conor Gearty

If the first legitimate worry about a social democratic bill of rights would be an explosion of litigation, the second concerns the danger of legitimating a wrong or a great injustice. The Human Rights Act has not really been tested in this regard, since Labour has done so little of an even vaguely socialist nature. But the right to property probably did constrain it in relation to the nationalisation of Network Rail (otherwise why pay compensation?) and there can be little doubt that private schools are standing by with batteries of lawyers to argue that even removing their charitable status (much less the schools themselves) will be a breach of the human rights of parents.

The government’s reluctance to allow intercept evidence to be used in court to procure the conviction of terrorist suspects seems mysterious and self-defeating: why deny yourself such a key weapon in the ‘war against terror’, especially if there are ‘several hundred’ terrorists already in this country planning attacks, as the prime minister has recently claimed?

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“If Gilligan’s broadcast was so terrible, if the Blairs were having sleepless nights as a result of being accused of deceit, if the prime minister was shunned at home and abroad as a liar, the law has a simple remedy, the one adopted by Albert Reynolds in the case that Hutton makes so much of: sue for libel.”

Blair’s speeches over the last three years on the international community and the role of Britain within it reveal a consistent commitment not just to pre-emptive military action but also to international law; the achievement of a settlement in the Middle East; and a continuation of the US-UK special relationship. All three have been more or less publicly shredded by the US, leaving in place only the UK’s commitment to attack Iraq.

Invading countries, bombing from the air, destroying property, attacking people on enemy ground, killing, maiming and so on, are covered by a different law altogether . . . Not only is this law nowhere to be found in the Armed Forces Act, it is not in any Act of Parliament of any sort. In fact, it is nowhere to be found at all.