Thread: Today the hearing of #shemimabegun starts in the Supreme Court. It will prove a real test of human rights and adherence to the obligations of International law. It's not an easy issue though. Begum is an unsympathetic figure for many, for good reason. 1/
There are however two fundamental issues at stake, in general rather than specifically about this hearing. Should human rights be conditional on the actions of the individual and should a state be able to expect another country to, to put it none too finely, clean up its mess. 2/
My view on both is no. Leaving someone without citizenship is a flagrant violation of a core human right, and International law. The argument as it stands though is that she could obtain it elsewhere. Bangladesh has made it clear that as far as they are concerned Begum.... 3/
did not have citizenship when she was stripped of her British one. Complexity of Bangladeshi citizenship laws aside, this in practical terms means that she has been left stateless by the actions of the UK government. 4/
We need to set aside personal feelings as to Begum herself in this case. The precedent this sets is a deeply concerning one. Stripping someone of citizenship on the presupposition that they can claim it elsewhere opens the door to future abuses of human rights. 5/
400 years ago Shakespeare wrote a famous speech for his protagonist Thomas More. "Say now the King. Should so much come too short of your great trespass. As to banish you. Wither would you go. 6/
The essence here is what happens next. What happens if a future government determines that your actions are detrimental to the "well-being of the state". This isn't a defence of Begum's by the way. She joined a terrorist cult. 7/
It's a practical matter of not knowing what the future holds and therefore requiring that we adhere to the rule of law, even when dealing with those who do not. A failure to do so also risks undermining the principle of law. Why should it be obeyed if the state can break it? 8/
The second issue I mentioned is about leaving others to deal with our messes. Begum was radicalised in the UK. Like it or not, that makes her the UKs problem. We can't in any good sense rely on other countries to prosecute those who are our responsibility to do so. 9/
I have no issues with Begum facing the full force of the law and all its legally binding consequences. It needs to be done within the law though. The risks of a government deciding that some relinquish the right to be governed by the law based on their actions is too great. 10/
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