CHAPTER 3: SECURITY LEGISLATION AND REGULATION

3.1 Context

“Compromise is the best and cheapest lawyer.” – Robert Louis Stevenson, Scottish novelist, poet and travel writer.

This chapter will give readers an understanding of some of the ranges of laws, regulations, codes of practice, guidelines and procedures, which impact on the role of a security practitioner. Much of the following material is focused upon the UK legal system, which is a foundation to many legal systems around the world. Readers beyond UK legal domains are advised at all times to reflect upon what they are learning, and conduct further research, in order to fully understand legal compliance in their country or theatre of operation. Towards the end of this chapter we will take a closer look at aspects of international law; a legal domain comprising of many dilemmas and potential pitfalls.

At the end of this chapter, readers will be able to:

•   know the background to common law, civil law and statute law

•   understand important human rights laws

•   appreciate other key legislation in relation to security activities

•   ahow knowledge of health and safety at work principles

•   understand what is meant by international law

•   show familiarity with other pre-eminent laws from other jurisdictions that impact corporate activity and compliance policy.

3.2 Types of law in UK

Common law

•   Dictionary – “The ancient customary law of the land.”

•   Common law has existed from time immemorial, or for a sufficiently long time that it has been held by judges to have always been the law.

•   It was the ancient system of laws based on previous court decisions (precedents) which have been recorded, and define what the common law relating to a particular matter has always been.

•   Common law remains in place until replaced by an Act of Parliament (statute law).

Civil law

•   Definition – “The law of a State relating to private and civilian affairs. It is concerned with disputes about the duties and the rights between individuals and organisations.”

•   Property – Ownership/boundary disputes/trespass.

•   Contract law – Phone contracts/tickets for a service.

•   Consumer law – Faulty goods.

•   Work related disputes – Unfair dismissal/gender discrimination/ negligence/duty of care.

•   Libel (written) slander (verbal) – Offensive/untrue newspaper article or untrue public statement.

•   Copyright disputes/intellectual property rights.

Statute law

•   Dictionary – “A law expressly enacted by the legislature (a law making body).”

•   In England it is written law that has passed through the Houses of Parliament as a ‘Bill’ and becomes an ‘Act’ when it receives royal assent.

•   Royal assent is when the sovereign physically signs a ‘Bill’ to create an ‘Act’.

•   A statute is more commonly known as an ‘Act of Parliament’.

•   ‘Criminal law’ is ‘common and statute’ crime law.

3.3 UK human rights laws

We will now spend the next few sections looking at prominent UK-based human rights laws. Although UK law is a popular foundation for many other national legal systems, when reading this section, it is worth applying further research to thoroughly understand the legal environment in your country of operation. There is, rightly, much public scrutiny and political focus upon human rights issues. Security practitioners need to understand the underpinning motivations behind human rights legislation. Why were they brought in? Moreover, how might they impact your employees and operations? Laws are not just rigid, abstract rules of behaviour. But laws and protocols in this domain can be written codifications that enshrine individual, inalienable rights, such as the right to life, a fair trial, dignity and freedom of expression. Upholding such legal and moral values does lie at the heart of delivering security management initiatives that transmit authority to all those impacted. International human rights law, including in relation to conflict management and individual human rights, is covered a little later in this chapter (at 3.6).

The Human Rights Act 1998

The Human Rights Act 1998 came into effect on 2 October 2000. It is an extremely significant piece of legislation, which incorporates the European Convention on Human Rights (ECHR) into the law of the United Kingdom. More is explained in relation to ECHR in our later firearms sub-chapter (at 6.6).

Introducing convention rights into UK law

•   Before the introduction of the act, people in the UK could only enforce their convention rights by making an application to the European Court of Human Rights.

•   This is a lengthy and complex process. Since 2 October 2000, individuals have had a right of redress in the UK courts. In broad terms, the act gives effect to convention rights in three ways:

1.   All legislation must be interpreted wherever possible, in a way that will uphold and protect convention rights.

2.   Public authority (including the courts) must act in compliance with convention rights, unless they are prevented from doing so by legislation.

3.   Any new legislation must be drawn up with regard to the convention to ensure it respects convention rights, and any current legislation which is not compatible with the convention, can be amended under a ‘fast track’ procedure.

Absolute rights and qualified rights

Certain rights, such as the prohibition on torture, are absolute rights, and cannot be restricted, even in times of war or other public emergencies.

Other rights, such as the right to privacy, are qualified rights which can be interfered with in certain circumstances.

Any interference must be lawful, necessary in a democratic society and proportionate to the aim it seeks to achieve.

Article 2: Right to life

Everyone’s right to life shall be protected by law. Nobody shall be deprived of their life intentionally, save in the execution of a sentence of a court following their conviction of a crime for which this penalty is provided by law.

Article 4: Prohibition of slavery and forced labour

This article prohibits slavery and forced or compulsory labour. It does not apply to prisoners, military service and civil obligations, or in emergencies.

Article 8: Right to respect for private and family life

•   Everyone has the right to a private and family life, home and correspondence.

•   There shall be no interference by a public authority with the exercise of this right, except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety, or the economic well-being of the country, for the prevention of disorders or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Article 9: Freedom of thought, conscience and religion

•   Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change religion or belief, and freedom, either alone or in community with others, and in public or private, to manifest one’s religion or belief, in worship, teaching, practice and observance.

•   Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

Article 11: Freedom of association and assembly

Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form, and to join, trade unions for the protection of their interests.

Article 14: Prohibition of discrimination

The enjoyment of the rights and freedoms set forth in this convention shall be secured without discrimination on any ground, such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

3.4 Other UK laws relating to security management

Private Security Industry Act 2001

•   Section 1 – Established the security industry authority (SIA) as the government regulatory body for England and Wales. Scotland and Northern Ireland joined soon after.

•   Section 3 – Offence for a self-employed (sub-contracted) person to work in the private security industry without being the holder of an SIA licence.

•   Section 5 – Offence for a person or company to use, or supply, any unlicensed security operator (contracted staff – any licensable sector).

•   Section 5 is an ‘indictable offence’.

•   Enforcement – SIA investigators and whistle-blowers.

Citizen’s powers of arrest

In the UK, a citizen can lawfully arrest a person (1). The power comes from Section 24A(2) of the 1984 Police and Criminal Evidence Act – widely known as ‘PACE’. Similar powers do exist in many other countries. You may be entitled to carry out a citizen’s arrest on anybody:

•   Who is committing an indictable offence, or if the citizen has reasonable grounds to suspect that they are committing an indictable offence. (These include theft and most types of assault.)

•   Who has committed an indictable offence, or who the citizen reasonably suspects to have committed an indictable offence

•   Who is causing a ‘breach of the peace’.

When you arrest someone, if you can, you must tell them:

•   who you are

•   that they are under arrest

•   what they have been arrested for

•   that the police will be called

•   that they will be detained until police arrive

•   if necessary – hold the person but

•   only use reasonable and justifiable force and exercise restraint.

Strong advice:

•   if possible – obtain a witness

•   make immediate notes of the arrest

•   be prepared to be sued!

Indictable offences

•   Indictable offences are those which can be tried in a crown court, or higher court, by a jury. For private security industry operatives, indictable offences include the more serious crimes for which a security officer may make an arrest:

Theft, fraud, serious assault, robbery, burglary, rape, criminal damage, arson, firearms offences, kidnap and ransom, blackmail, manslaughter, murder etc.

Common law – Use of force

Common law has always recognised the right of a person to protect him/herself from attack, to act in defence of others and, if necessary, to inflict violence on another in so doing. If no more force is used than is reasonable to repel the attack, such force is not unlawful. In relation to firearms use, we look further at use of force laws in Chapter 6, Protective Security.

It is lawful to use reasonable force on another as long as it is in the execution of the following:

•   self defence

•   to effect a lawful citizen’s arrest

•   to save a life

•   to prevent a crime being committed

•   in stopping a breach of the peace.

Statute law – Use of force

Individual responsibility: The responsibility for any use of force will rest upon the person who uses it, and is likely to have to be justified in a court of law.

Section 3 Criminal Law Act 1967: “A person may use such force as is reasonable in the circumstances in the prevention of a crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large”.

The law relating to assaults

Definition of an ‘assault’: “An assault is the intentional application of force to the person of another without their consent, or the threat of such force by act or gesture if the person threatening has or causes the person threatened to believe that he/she has the present ability to affect his/her purpose”.

Assault may also be called ‘common assault’, assault is the least serious of the three similar offences, which are, actual bodily harm and grievous bodily harm. An assault can range from verbal abuse and physically threatening behaviour, to unwanted physical contact and actual physical assault.

Making someone fear that there is a potential threat of being hurt by an offender may also be classed as an assault; however, this is dependent on all circumstances.

The law relating to assaults

Criminal Justice Act 1988: Section 39 – common assault

Offences Against The Person Act 1861:

Section 18 – Grievous bodily harm (GBH) with intent

Section 20 – GBH and unlawful wounding

Section 47– Actual bodily harm (ABH)

Conspiracy

Under the Criminal Law Act 1977, amended by the Criminal Attempts Act 1981, conspiracy is the discussion among two or more people in which they agree that one or all of them will commit an offence. Conspiracy is applicable whether or not the offence is actually carried out.

Trials for conspiracy take place in the crown court and sentences are the same as for the offence that was the subject of the conspiracy.

Criminal damage

Under the Criminal Law Act 1971, criminal damage is the unlawful destruction or damage of property, or the threatened destruction or damage of property.

Criminal damage can include disfiguring property with graffiti.

Lawful damage of property may take place if the damage takes place in order to protect neighbouring property in an emergency, e.g. a fire that threatens to spread.

Theft

Under the Theft Act 1968, theft is an act of taking another person’s property dishonestly and without the intentions of returning it.

Robbery

Robbery is defined as taking property from a person, accompanied with threats of violence, or actual violence to the victim.

Going equipped

This offence under the Theft Act 1968 refers to offenders who are found carrying tools that they may intend to use to commit an act of theft.

The tools would need to have been adapted for the purpose, and if they were not adapted, the prosecution would have to show that, in all probability, there is an intention to commit the offence.

Racially aggravated offences

It is a criminal offence to attack or abuse a person because of their race or religious beliefs, or to incite racial hatred.

Such attacks and abuse include:

•   attacking or damaging their property

•   attacking a person or their family

•   threatening or abusing them verbally

•   publishing abusive material.

Harassment

Under the protection from Harassment Act 1997, harassment is defined as a set of behaviours that threaten or harass an individual.

There are two offences here:

1.   One is simply behaviour that amounts to harassment.

2.   The second, more serious offence includes behaviour that causes another person to become fearful that there may be a violent outcome.

Incitement

Incitement is essentially persuading or encouraging another person to commit an offence, whether or not that offence is in the event committed.

Incitement cases are tried in court, in which the offence itself would be tried. In a magistrate’s court, the maximum sentence is the same as for the offence itself.

In the crown court, the sentence is at the court’s discretion.

Manslaughter

Killing another person either with or without intending to.

There are several types of manslaughter, grouped as ‘voluntary manslaughter’ and ‘involuntary manslaughter’.

For either, the maximum sentence is life imprisonment.

In a murder trial, a person may be found not guilty of murder but manslaughter, for one of three reasons;-

1.   The killing came about because the offender was provoked to the point where he suddenly and temporarily lost control of him/herself, and provocation was enough to make any reasonable person lose control.

2.   The killing was part of a suicide pact and was acted out with the full intention that the killer would also die in the process.

3.   The killer could not be held responsible for his act because of an abnormality of mind; this is not the same as being found not guilty of murder because of insanity.

Involuntary manslaughter

Three types:

1.   Constructive manslaughter is causing the death of a person by an unlawful act. The act need not be against the person, but could, for example, be against a building; and the risk of injury needs to be one that would be apparent to any reasonable person, whether it was apparent to the defendant or not.

2.   Gross negligence manslaughter is causing the death of a person for whom the accused has duty of care, e.g. by a doctor to their patient by a negligent act or failure to act.

3.   Reckless manslaughter is causing the death of a person by an act of recklessness; the offender sees the risk associated with what they are doing and carries on regardless.

Murder

•   Killing another person, with, in that immortal and well-known phrase, ‘aforethought’.

•   For a killing to be considered murder, the killer must intend either to cause the victim’s death or to commit GBH (which then brought about the victim’s death).

•   Murder may be committed either through a positive act of killing, or through an act of omission.

•   British citizens who commit murder in foreign countries are guilty of an offence under UK law, and may be tried in this country.

Terrorism

The Terrorism Act 2000 has got 131 sections. To summarise some key points:

Section 1 Terrorism: interpretation

•   In this Act ‘terrorism’ means the use or threat of action where –

the action falls within subsection (2)

the use or threat is designed to influence the government [or an international governmental organisation] or to intimidate the public or a section of the public

the use or threat is made for the purpose of advancing a political, religious, racial, or ideological cause.

•   Action falls within this subsection if it –

involves serious violence against a person

involves serious damage to property

endangers a person’s life, other than that of the person committing the action

creates a serious risk to the health or safety of the public or a section of the public

is designed seriously to interfere with or to disrupt an electronic system.

•   The use or threat of action falling within subsection (2) which involves the use of firearms or explosives is terrorism whether or not subsection (1) (b) is satisfied.

•   In this section –

‘action’ includes action outside the United Kingdom

a reference to any person or to property is a reference to any person, or to property, wherever situated

a reference to the public includes a reference to the public of a country other than the United Kingdom

‘the government’ means the government of the United Kingdom, of a part of the United Kingdom, or of a country other than the United Kingdom.

•   In this Act a reference to action taken for the purposes of terrorism includes a reference to action taken for the benefit of a proscribed organisation.

Section 43: Search of persons

•   A constable may stop and search a person whom he reasonably suspects to be a terrorist, to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.

•   A constable may search a person arrested under section 41 to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.

•   (3) A search of a person under this section must be carried out by someone of the same sex.

•   A constable may seize and retain anything which he discovers in the course of a search of a person under subsection (1) or (2) and which he reasonably suspects may constitute evidence that the person is a terrorist.

•   A person who has the powers of a constable in one part of the United Kingdom may exercise a power under this section in any part of the United Kingdom.

Trespass

What is the definition of ‘trespass’? Put simply, a dictionary definition is: “The entering of (or remaining on) property without permission of the occupier”.

‘Simple trespass’:

•   Which statute covers the law relating to simple trespass?

•   None – It’s a civil matter!

•   Exceptions?

•   Owner must formally ask trespassers to leave his/her home/property or land – Refusal – The owner may use a reasonable and justifiable amount of force to eject.

•   Police will attend a trespass incident and assist but will generally only act to prevent a ‘breach of the peace’.

•   Can trespassers really be prosecuted? Trespass is not a crime – but is still a wrongful act.

Aggravated trespass

Under the Criminal Justice and Public Order Act 1994, there is a related offence of ‘aggravated trespass’, in which the offender enters private land (in the open air) with the intention of threatening people who are going about their lawful business on that land, or trying to prevent them doing so.

3.5 Other UK laws relating to corporate management and workplaces

Health and Safety Act Work Acts

•   Individuals are vulnerable to the operations of organisations – accidents happen!

•   Deaths and/or injuries not only impact on the individual but also on the organisation/business.

•   Individuals and organisations are legally obliged.

•   You may be held responsible. There are lots of legal precedents where careless bosses (or those proven to be) have been sent to prison.

Consider – Who is at risk?

•   Employees

•   Contractors and subcontractors

•   Clients and customers

•   Suppliers

•   Visitors

•   Anyone else?

What hazards/threats may individuals be exposed to?

•   Slips, trips and falls

•   Falling objects/structures

•   Hazardous materials

•   Fire

•   Explosions

•   Water hazards/drowning.

What hazards/threats may individuals be exposed to?

•   Machinery

•   Traffic

•   Travel

•   Overloading/overcrowding

•   Poor planning

•   Actions/omissions of personnel

•   Negligence.

Hazards and threats should be prevented and mitigated by carrying out risk management. For real detail about conducting such a process, turn to Chapter 6. It is the responsibility of management to prevent, as far as practicable, risks from hazards and threats, or any combination thereof from materialising.

Sources of main UK health and safety legislation:

•   Health and Safety at Work etc. Act 1974.

•   Workplace (Health, Safety and Welfare) Regulations 1992.

•   HM Government has the responsibility for enacting laws and regulations within the UK.

•   EU: Legislation and directives impact UK workplace practices.

•   Regulations of Health and Safety in the UK are led by the Health and Safety Commission (HSC). The executive department of the HSC is the Health and Safety Executive (HSE).

HASAW Acts, statutory instruments and regulations

The HSE owns a significant amount of primary and secondary legislation. The primary legislation comprises the Acts of Parliament, including the Health and Safety at Work Act 1974. The secondary legislation is made up of statutory instruments (Sls), often referred to as ‘regulations’. It is enforced by the HSE and local authorities.

What does health and safety regulation really mean? Health and safety laws and regulations require a response from employers:

•   Employers have a duty to protect people.

•   If found guilty of non-compliance or negligence, employers face legal penalties.

•   Employers must ensure that a thorough risk assessment of all aspects of the organisation’s operations has been conducted with regard to the potential effect on personnel.

However, responsibility does not solely rest with the employer. It is also the responsibility of every employee and individual on the organisation’s property (including those travelling offsite) to ensure that they do not cause hazards to themselves or other personnel by:

•   their own actions

•   their own negligence

•   their own omissions.

Responsibilities of the employer and employee:

•   Management must therefore inform employees and any/all other individuals what must/must not be done by raising awareness, instilling a sense of responsibility and ultimately by ensuring compliance.

Consider:

How might management best go about this?

What problems are likely to be encountered?

How might these be overcome?

Employers must:

•   ensure as far as possible that health, safety and welfare are maintained in the workplace.

•   appoint a ‘competent person’.

•   “A competent person is someone who has sufficient training and experience or knowledge and other qualities that allow them to assist you properly. The level of competence required will depend on the complexity of the situation and the particular help you need” (HSE).

Businesses with more than five employees must:

•   hold an official record of risk assessments

•   have a formal health and safety policy.

All businesses must:

•   ensure that staff understand and comply with the health and safety policy.

Responsibilities of the employee:

Employees have a responsibility to ensure they:

•   take reasonable care of their own health and safety

•   take reasonable care that they don’t put other people at risk by what they do – or don’t do in the course of their work

•   cooperate with the employer regarding health and safety

•   do not misuse or interfere with anything provided for health, safety or welfare

•   by law, a risk assessment is required. Basic risk assessment approaches outlined by the HSE are outlined below. However, for other examples of risk assessment techniques please go to Chapter 6, Protective Security.

Risk assessments – definitions

•   A hazard is anything that may cause harm, such as chemicals, electricity, working from ladders, an open drawer, etc.

•   “The risk is the chance, high or low, that somebody could be harmed by these and other hazards, together with an indication of how serious the harm could be”, writes the HSE.

Risk assessments – Five steps to success

1.   Identify the hazards

2.   Identify who may be harmed and how

3.   Evaluate the risks and decide on precautions

4.   Record your findings and implement them

5.   Review your assessment and update as necessary.

(Source: UK Health and Safety Executive)

Step 1 – Identify the hazards

•   How?

visual inspection

questioning of personnel

questionnaires

•   Who can provide information?

staff, suppliers ...

•   Attention to detail essential

•   Think outside own operations/premises.

Step 2 – Identify who may be harmed and how

A range of people may be harmed and their vulnerability will be influenced by a variety of factors including:

•   work performed

•   work location

•   knowledge/awareness of hazards and risks

•   actual harm that may be caused – death, injury

•   others including age, etc.

Step 3 – Evaluate the risks and decide on precautions:

•   Prioritise. Some risks will be more serious than others

•   In health and safety it is rare that a risk is regarded as acceptable, so doing nothing is not normally an option

•   The HSE indicates that what is done should correspond with best practice and regulation.

Decide on precautions:

•   Can work be conducted in a less risky way? Not always

•   Can access to the hazard be prevented? Not always

•   Can work be organised to reduce exposure to the hazard?

•   Can PPE be issued? Problems?

Step 4 – Record and implement findings

Record

•   How?

•   Where?

•   Why?

Implement: Now having assessed the risks, decide on precautions that must be implemented.

Step 5 – Review and reassess

•   Over time operations may change, therefore new risks may appear, or old ones change in priorit.

•   Changes require a reassessment of the risk

•   All changes to the risk, and ways to deal with it, must be communicated.

Requirements for health and safety protection

•   Within the working environment there are a number of general requirements for health and safety measures to be implemented. These do, however, vary according to the specific industry or environmental requirements necessary. Additional considerations could include:

Maintenance – Facilities, machinery, equipment and vehicles, etc.

Ventilation – adequate provision of uncontaminated air

Temperatures – laid down by regulation

Lighting – adequate for work and movement

Cleanliness – workplaces should be clean, with waste removed

Floors and traffic routes – sufficient routes to allow for safe movement. Consider height/width, speed limits, condition of surfaces, etc.

Falls – Consider use of fences, rails, harnesses and dangers of falling objects – stacking of material, etc.

Transparent/translucent – these type of surfaces must be clear of materials and marked so that they can be seen

Sanitary/wash facilities – accessible, clean, well lit, provided with hot/cold water, soap and means of drying

Drinking water – provided by upward jet or suitable cups

Clothing and changing – appropriate facilities where there is a need to change

Rest and meals – suitable and sufficient facilities

Health and safety – security’s contribution

•   The primary role of a security department is maintaining security.

•   However, with health and safety there is the opportunity to maximise the value of security staff.

•   Security staff should be trained to understand the hazards inherent in an operational site and be encouraged to be alert to recognise problems.

•   Do assignment instructions include health and safety?

•   Are there procedures for reporting and recording?

The activities of security

During the course of their duties, security staff can assist in monitoring and enforcing health and safety regulations. They should be looking for:

•   Hazards and obstructions

At ground level

On stairs/elevated walkways

•   Vehicle movements – speed/routes

•   Wearing of personal protective equipment (PPE)

•   Any others?

How security might best assist health and safety

It may be useful for security staff to be provided with a tour of the facility by a representative of the health and safety department, to identify hazards and risks that should be reported, etc.

In summary, the health and safety function is:

•   a legal requirement

•   essential for the well-being of all employees, visitors and customers

•   the responsibility of all

•   a sensible and responsible business function

•   time consuming

•   an ongoing process.

Remember:If things go wrong, ignorance is not acceptable as an excuse!

Other workplace laws: Vicarious liability

According to the Advisory and Conciliation Service (ACAS) an independent employment arbitration organisation, vicarious liability refers to:

“Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person. In a workplace context, an employer can be liable for the acts or omissions of its employees, provided it can be shown that they took place in the course of their employment (3).”

•   Vicarious liability is liability of one person for the acts or omissions of another

•   The most frequent form of vicarious liability is that of an employer for the acts and omissions of an employee

•   Must be in the ‘course of employment’

•   Question of law to decide.

How to avoid vicarious liability?

•   Introduce a policy in relation to employee conduct

•   Provide clear guidelines to independent contractors for acceptable behaviour

•   Provide practical training to help employees deal with incidents safely

•   Ensure managers are vigilant in relation to your staff’s health. Stress may affect an employee’s judgement

•   Incidents are more likely to happen at high-risk events, such as concerts and parties, during the busy seasonal period, so ensure staff have extra support

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), is the law that requires employers to report and keep records of incidents and accidents that cause harm and near misses (4). The relevance of this type of information is critical in that it can provide real substance when conducting risk assessments. For example, information collated around prior incidents and trends can help enormously when grading risks within a facility. Many organisations beyond UK shores do use the RIDDOR system in order to provide reassurance, accurate organisational risk analysis and also as a quality performance benchmark.

Corporate Manslaughter and Corporate Homicide Act 2007

The offence

An organisation to which this section applies is guilty of an offence if the way in which its activities are managed or organised:

•   causes a person’s death

•   amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased (Subsection 1).

A breach of a duty of care by an organisation is a gross breach if the alleged conduct amounts to a breach of that duty that falls far below what can reasonably be expected of an organisation in the circumstances. The organisations to which this section applies are:

•   a corporation

•   a department or other body listed in Schedule 1

•   a police force

•   a partnership, or a trade union or employers’ association that is an employer.

An organisation is guilty of an offence under this section only if the way in which its activities are managed or organised by its senior management is a substantial element in the breach referred to in Subsection 1. Senior management means the persons who play significant roles in:

•   the making of decisions about how the whole, or a substantial part, of its activities are to be managed or organised

•   the actual managing or organising of the whole, or a substantial part of those activities.

Relevant duty of care

A ‘relevant duty of care’, in relation to an organisation, means any of the following duties owed by it under the law of negligence:

•   A duty owed to its employees, or to other persons working for the organisation, or performing services for it;

•   A duty owed as occupier of premises;

•   A duty owed in connection with:

the supply by the organisation of goods or services (whether for consideration or not),

the carrying on by the organisation of any construction or maintenance operations,

the carrying on by the organisation of any other activity on a commercial basis, or

the use or keeping by the organisation of any plant, vehicle or other thing;

•   A duty owed to a person who, by reason of being a person within subsection (2), is someone for whose safety the organisation is responsible.

A person is within this subsection if:

•   they are detained at a custodial institution, or in a custody area at a court or police station

•   they are detained at a removal centre or short-term holding facility

•   they are being transported in a vehicle, or being held in any premises, in pursuance of prison escort arrangements or immigration escort arrangements

•   they are living in secure accommodation in which they have been placed

•   they are a detained patient.

No individual liability

An individual cannot be guilty of aiding, abetting, counselling or procuring the commission of an offence of corporate manslaughter.

An individual cannot be guilty of aiding, abetting, counselling or procuring, or being art and part in, the commission of an offence of corporate homicide.

Penalties

On conviction, a corporation may be ordered to remedy any breach, or to publicise its failures, or be given an unlimited fine.

Summary

•   State the offence

•   State the organisations to which it applies

•   Describe relevant duty of care

•   Explain what is meant by senior management

•   Know the penalties.

Bribery Act 2010

Came into force April 2011. The act:

•   introduced a corporate offence of failure to prevent bribery by persons working on behalf of a business. A business can avoid conviction if it can show that it has adequate procedures in place to prevent bribery

•   made it a criminal offence to give, promise, or offer a bribe, and to request, agree to receive, or accept a bribe, either at home or abroad. The measures cover bribery of a foreign public official

•   increased the maximum penalty for bribery from seven to ten years imprisonment, with an unlimited fine.

Function or activity to which bribe relates

For the purposes of this act a function or activity is a relevant function or activity if:

•   it falls within subsection (2)

•   meets one or more of conditions A to C.

The following functions and activities fall within this subsection (2):

•   any function of a public nature

•   any activity connected with a business

•   any activity performed in the course of a person’s employment

•   any activity performed by, or on behalf of, a body of persons (whether corporate or unincorporated).

Conditions

•   Condition A is that a person performing the function or activity is expected to perform it in good faith.

•   Condition B is that a person performing the function or activity is expected to perform it impartially.

•   Condition C is that a person performing the function or activity is in a position of trust by virtue of performing it.

A function or activity:

A function or activity is a relevant function or activity even if it:

•   has no connection with the United Kingdom

•   is performed in a country or territory outside the United Kingdom.

In this section ‘business’ includes trade or profession.

Improper performance to which bribe relates

For the purposes of this act, a relevant function or activity:

•   is performed improperly if it is performed in breach of a relevant expectation

•   is to be treated as being performed improperly if there is a failure to perform the function or activity and that failure is itself a breach of a relevant expectation.

‘relevant expectation’ –

•   In relation to a function or activity which meets condition A or B, means the expectation mentioned in the condition concerned

•   In relation to a function or activity which meets condition C, means any expectation as to the manner in which, or the reasons for which, the function or activity will be performed that arises from the position of trust mentioned in that condition.

Anything that a person does (or omits to do) arising from, or in connection with that person’s past performance of a relevant function or activity, is to be treated for the purposes of this act as being done (or omitted) by that person in the performance of that function or activity.

Bribery of foreign public officials:

•   A person (‘P’) who bribes a foreign public official (‘F’) is guilty of an offence if P’s intention is to influence F in F’s capacity as a foreign public official.

•   P must also intend to obtain or retain –

business

an advantage in the conduct of business.

•   P bribes F if, and only if:

directly or through a third party, P offers, promises, or gives any financial or other advantage –

■ to F

■ to another person at F’s request or with F’s assent or acquiescence

F is neither permitted nor required by the written law applicable to F to be influenced in F’s capacity as a foreign public official by the offer, promise or gift.

Failure of commercial organisations to prevent bribery:

Section 7 created the ‘broad and innovatory offence’ of the failure of commercial organisations to prevent bribery on their behalf. This applies to all commercial organisations which have business in the UK.

As well as the organisation, individuals and employees may also be guilty.

The offence is one of strict liability, with no need to prove any kind of intention or positive action.

Prosecution and penalties:

•   If an individual is found guilty of a bribery offence, tried as a summary offence, they may be imprisoned for up to 12 months and fined up to £5,000.

•   An indictment however, faces up to ten years’ imprisonment and an unlimited fine.

•   The crime of a commercial organisation failing to prevent bribery is punishable by an unlimited fine. In addition, a convicted individual or organisation may be subject to a confiscation order under the Proceeds of Crime Act 2002, while a company director who is convicted may be disqualified under the Company Directors Disqualification Act 1986.

Data Protection Act 1998

The 1998 Data Protection Act came into force early in 1999 and covers how information about living identifiable persons is used.

The act covers eight ‘data protection principles’:

•   The Data Protection Act requires that appropriate security measures are in place to safeguard against unauthorised or unlawful access/processing of personal data.

•   The act also states that personal data cannot be held unless it is registered with the data protection registrar.

•   The Data Protection Act gives the right to compensation when personal data that is held is inaccurate, and the right to have inaccurate data corrected or erased.

What is personal data?

Personal data means data which relates to a living individual who can be identified –

•   from those data

•   from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller

•   includes any expression of opinion about the individual and any indication of the intentions of the data controller, or any other person in respect of the individual.

Sensitive personal data means personal data consisting of information as to:

•   the racial or ethnic origin of the data subject

•   their political opinions

•   their religious beliefs or other beliefs of a similar nature

•   whether they are a member of a trade union (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992)

•   their physical or mental health or condition

•   their sexual life

•   the commission, or alleged commission by themselves of any offence, or any proceedings for any offence committed, or alleged to have been committed by, the disposal of such proceedings, or the sentence of any court in such proceedings.

The eight data protection principles:

1.   Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless:

(a) At least one of the conditions in Schedule 2 is met, and:

(b) In the face of sensitive personal data, at least oneb of the conditions in Schedule 3 is also met

2.   Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.

3.   Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

4.   Personal data shall be accurate and, where necessary, kept up to date.

5.   Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6.   Personal data shall be processed in accordance with the rights of data subjects under this act.

7.   Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

8.   Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects, in relation to the processing of personal data.

Data subject access:

•   Is the right of an individual to access personal data relating to him or her that is held by a data controller

•   An individual shall be entitled at reasonable intervals and without undue delay or expense

•   To be informed by any data user whether they hold personal data of which that individual is the subject

•   To access any such data held by a data user

•   Where appropriate, to have such data corrected or, in some cases, destroyed.

Offences and punishment:

You may commit an offence under the Data Protection Act 1998 if you ‘knowingly or recklessly’:

•   obtain or disclose personal information, or the information contained in personal data

•   procure the disclosure to another person of the information contained in personal data without any consent.

This does not apply if you can show that the obtaining, disclosing or procuring:

•   was necessary for the purpose of preventing or detecting crime

•   was required or authorised by, or under, any attachment, by any rule, or by the order of a court

•   that you acted in the reasonable belief that you had, in law, the right to obtain or disclose the data, or to procure the disclosure to the other person

•   that you acted in the reasonable belief that the person concerned would have consented if he/she had known of the obtaining, disclosing or procuring and circumstances of it

•   that in particular circumstances the obtaining; disclosing or procuring was justified as being in the public interest.

The penalties for these offences are that on summary conviction there can be a fine up to £5,000, or on conviction on indictment, an unlimited fine.

Regulation of Investigatory Powers Act 2000

This act is sometimes known as ‘RIPA’ in UK police and media spheres. The main purpose of the act is to ensure that the relevant investigatory powers are used in accordance with human rights. These powers are:

•   the interception of communications

•   the acquisition of communications data (e.g. billing data)

•   intrusive surveillance (on residential premises/in private vehicles);

•   covert surveillance in the course of specific operations

•   the use of covert human intelligence sources (agents, informants, undercover officers)

•   access to encrypted data.

For each of these powers, the act ensures that the law clearly covers:

•   the purpose for which they may be used

•   which authorities can use the powers

•   who should authorise each use of the power

•   the use that can be made of the material gained

•   independent judicial oversight

•   a means of redress for the individual.

3.6 International law, conflict and human rights

“Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.” – Article 51, Chapter 7, UN Charter, which provides for ‘Actions with respect to threats to the peace’ (5)

Context

International laws and regulations can often appear clear and concise on the surface. But there can be a great variety in interpretation, just as there may be with any domestic legislation. This section will aim to provide you with a grounding in some legal protocols and key perspectives at international and supranational levels of legal interpretation and decision making. We will introduce you to some key influencers and thinkers that inhabit legal and academic space in the security and resilience fields.

Perhaps the first and only rule of thumb with international law is that sometimes it is not a de facto legal obligation (with implied sanctions for breach) within individual nation states. In fact, on further analysis, there may not be a strictly legal obligation on many military and political leaders to follow some so-called ‘international laws’ at all. This is because nation states and national parliaments/assemblies may well sign up to various international treaties and protocols, such as various Geneva Conventions. But unless the principles are subsequently passed by parliaments or heads of government in a sovereign state, then that international law may not have any national rules of enforcement to underpin it. To break international law may be a moral failure by a government or set of individuals, and even cause revulsion at times but some legal analysts contend that much of ‘international law’ is unenforceable; indeed that the phrase is misused.

For example, the United States has been criticised by many human rights campaigners and academics for breaking various Geneva Conventions protocols during its self-proclaimed ‘War on Terrorism’ which began with military campaigns in Afghanistan (2001) and Iraq (2003). Influential academic, Noam Chomsky, wrote:

“The idea that all states are ‘equal and parties to the agreements that bind them’ has long been codified in international norms, such as the Geneva Conventions—first enacted in 1864 to protect the wounded in terms of war and since expanded through a number of additional protocols, most notably in 1949 and 1977—and the principles of the Nuremberg Tribunal, established to prosecute Nazi war crimes during World War II and adopted by the International Law Commission of the United States in 1950 (6).”

Chomsky articulates many perceived breaches of international law by the US in a chapter headed ‘outlaw states’, in a methodically researched and passionate expose of poor compliance to international law. However, the fact remains, that the United States had never ratified the two additional protocols of the 1977 Geneva Convention into domestic law by the time that he wrote his powerful and unswervingly significant narrative (7).

International humanitarian law

Earlier in this chapter we looked in a little detail at the 1998 UK Human Rights Act (sub-chapter 3.3). According to Pictet, International humanitarian law (law of war) is a set of codes, protocols and legislation that attempts to regulate armed conflict or hostilities between states, and more recently, between states and informal insurgent groups.

International humanitarian law governs both the legality of justifications for war and the legality of wartime conduct. Key legal terminology includes: jus ad bellum: when states can resort to war, and jus in bello: how states must behave themselves during war.

Core principles of international humanitarian law can be found in major international treaties, such as the Geneva Conventions of 1949, and the first Geneva Convention of 1864. The lesser-known Hague Conventions that are produced intermittently by the Hague Conference on Private International Law, can also provide legal frameworks around international conflict resolution and private laws; more details below (9).

The Hague Conventions

The Hague Conference on Private International Law is a global inter-governmental organisation with 75 member states at the time of writing, including the European Union. It seeks to bring together a number of seemingly quite random legal spheres and domains in order to help “unify private international law at the regional level, for example within the Organisation of American States or the European Union”.

The most widely ratified conventions deal with:

•   the abolition of legalisation (Apostille)

•   service of process

•   taking of evidence abroad

•   access to justice

•   international child abduction

•   intercountry adoption

•   conflicts of laws relating to the form of testamentary dispositions

•   maintenance obligations

•   recognition of divorces.

Cross-border mediation in family matters, choice of law in international contracts, and the “possible need for the development of a global instrument in these areas” are also on the agenda of the Hague Conventions body.

(Source: Hague Conventions website)

The United Nations

With 193 national members, the United Nations Secretariat began operations in 1946. “It was staffed with a mere 300 people working primarily for the Preparatory Commission and engaged in providing conference services for a fledgling world body that was beginning to chart a course to positively change the world”, explains the organisation’s encyclopaedic website. By 1949, the UN had established headquarters in New York and employed several thousand staff. The organisation has shifted emphasis from conferences and the facilitation of dialogue, into becoming a global secretariat that seeks solutions into its three main thematic areas established by the 1945 UN Charter: peace and security; the protection and promotion of human rights; and human development. Today the UN still has very limited resources. For context, it directly employs just 44,000 people, some 10,000 less than just one city council in the UK.

In practical terms, it is worth understanding the United Nations as to be both the engine room and ‘Guardian Angel’ of most international law. It is via this relatively small international body, and its sibling bodies dotted around the world, that most international law is quietly proposed, drafted, sometimes sabotaged, and monitored (11). Moreover, a plethora of disputes are raised to the International Court of Justice (ICJ) in The Hague, Netherlands, and adjudications and solutions are found.

International courts

The International Criminal Court (ICC) and International Court of Justice (ICJ) are two distinctly separate bodies. In addition, the UN Security Council will sometimes directly mandate the establishment of special tribunals to prosecute military and political leaders for war crimes, including genocide. UN mandated tribunals include:

•   International Criminal Tribunal for the Former Yugoslavia

•   International Criminal Tribunal for Rwanda

•   Special Court for Sierra Leone.

The International Court of Justice is the principal judicial body of the UN and is based in The Hague, Netherlands. The court was established by the 1945 UN Charter and began work, from Hague’s Peace Palace, in 1946. The ICJ settles formal disputes between member states and also provides ‘advisory opinions’ on legal matters referred to it by UN-authorised bodies and agencies (13). According to the ICJ: The court itself does not have a mandate to investigate complaints from non-member bodies, such as NGOs, even when it may be clear that gross violations of international law have been carried out. It is different from the International Criminal Court, in that the ICJ is not a criminal court and does not have jurisdiction to prosecute individuals accused of war crimes against humanity (14).

International Criminal Court

“The history of the establishment of the International Criminal Court spans over more than a century. The ‘road to Rome’ was a long and often contentious one”, reports campaign group, Coalition for the International Criminal Court (15). It roots are traced back from Gustave Moynier, one of the founders of the International Committee of the Red Cross, who proposed a permanent international criminal court in response to the crimes of the 1870s Franco-Prussian War. The drafters of the 1919 Treaty of Versailles wished to create an ad hoc international court to try the Kaiser and alleged German war criminals for their World War I actions. Following World War II, the Allies set up the Nuremberg and Tokyo tribunals to try Nazi Axis war criminals. Although the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide in 1948, the Cold War stopped efforts for an international war crimes court; there was unsurprisingly an inability to agree upon a definition. Wars in Bosnia-Herzegovina and Croatia, as well as in Rwanda in the early 1990s, and the mass commission of crimes against humanity and genocide, spurred the UN Security Council to establish two temporary tribunals to hold individuals to account for the atrocities. In July 1998, at the Rome Conference, 120 nations voted in favour of establishing the ICC, with seven nations voting against the Treaty: the United States, Israel, the People’s Republic of China, Iraq, Libya, Qatar and Yemen opposed. 21 states abstained. The Treaty entered into force in 2002 when the 60^th UN member state ratified it (16).

3.7 Prominent business laws related to international business

For security practitioners with a roving or global footprint, the following laws and provisions are well worth developing a degree of competence and awareness around.

Sarbanes-Oxley (SOX) was an act passed in 2002 in the US, in response to several corporation accounting scandals. Its colloquial name in the business community Sarbanes-Oxley or Sarbox – is taken from the principal legislators who drove the 11 provisions through the US Congress. Its full name is the Public Company Accounting Reform and Investor Protection Act, and the notion that stricter financial governance controls were needed in large, often internationalised corporations, drove forward similar legislation in Canada, India, South Africa, Japan and Europe. Various provisions tighten laws and enforcement in spheres of: auditing and accounting, conflicts of interest, corporate and criminal fraud accountability and white collar crime penalty enhancements. Protections for whistle-blowers are increased, while penalties for those carrying out frauds, such as destroying financial records, are ratcheted up as a deterrent. The FBI and US Attorney’s Office now place global resources to tackling corporate crime as evidence by several news releases from the Agency attesting to detections and prosecutions set against the act and its provisions (17).

Foreign Corrupt Practices Act: Also commonly known by its acronym, FCPA, this act was originally passed in 1977 in the US to prohibit the bribery of public officials, particularly by corporate entities. In 1998 the anti-bribery provisions of the act were amended to “now also apply to foreign companies and persons who cause, directly or through agents, an act in furtherance of such a corrupt payment to take place within the territory of the United States” (18).

Encryption laws: Inspired and fuelled by a relentless conveyor-belt of data breach horror stories, many national governments and the European Union have taken it upon themselves to begin to develop protocols, directives and laws around the encryption of data and ‘demanding new obligations for data security’, reports London law company, Field Fisher Waterhouse. Their informative yet succinct report, The Legal Obligations for Encryption of personal data in Europe and Asia, outlines the work of the EU Data Protection Working Party, which has developed a formal ‘opinion’ around Cloud computing practices. At the time of writing, advised data management processes have only been alchemised into the formal EU Data Protection Directive (1995) and a Privacy and Electronic Communications Directive of 2002. But do expect forward movement with this in light of recent Cloud breach and surveillance scandals. In order to anticipate future compliance, security contractors are advised to keep abreast of all national and international data security directives and laws as they travel on business trips, and also plan a strategy around information security. “We are witnessing a global harmonisation of the legal need for encryption”, reports Field Fisher Waterhouse (19). Nevertheless, in many popular emerging markets, data encryption may be treated by authorities as a threat, or an unlawful act which could therefore attract suspicion and investigation.

Chapter 3: Wrap-up

In closing this chapter on Legislation and Regulations, we reflect on some of the approaches and attributes that will help your company gain the competitive edge. These include:

•   There is, rightly, much public scrutiny and political focus upon human rights issues. Security practitioners need to understand the underpinning motivations of human rights legislation. Why were they brought in? Moreover, how might they impact your employees and operations?

•   Be aware of international laws and protocols that may impact your business, including regulations and protocols that may emanate from bodies well beyond your day-to-day purview, such as international bodies including the EU, WIPO and WTO, or ‘catch-all’ laws passed by powerful trading nations, including the US and China.

•   Develop a proficient knowledge of laws within your own operating environment that impact upon security management and organisational resilience-related tasks. Allegations or official findings that your company, or a client organisation, breached legal compliance, can lead to severe reputational damage for all companies involved – even if innocence is proved later down the line. Keep your competitive edge by being proactive and overtly-vigilant around compliance.

•   Don’t forget about data and information security laws. These can vary quite widely between jurisdictions. Security contractors are advised to keep abreast of all national and international data security directives and laws as they travel on business trips, and also plan a strategy around information security risks.

•   Demonstrate to your clients and commercial peers that you are proactively assessing the legal environment and watching out for the welfare of the wider sector, not just your company. Be confident to raise issues within the industry, lobby government for changes, write articles, carry out social media, and host business briefings for concerned clients and stakeholders in relation to matters of laws and compliance.

References

1)   Myers., R., (2011) Guardian: ‘A legal guide to making a citizen’s arrest’, accessed and downloaded on 19/01/2014 from: www.theguardian.com/law/2011/aug/09/guide-to-citizens-arrest

2)   The HSC and HSE websites are excellent sources of information. For reporting incidents at work: HSE (2013) Another excellent source of information is the Workplace Law Network, link: www.workplacelaw.net/

3)   ACAS (2014) Understanding what Vicarious Liability can mean for employers, accessed and downloaded from: www.acas.org.uk/index.aspx?articleid=3715

4)   Reporting accidents and incidents at work. HSE. Accessed and downloaded on: 12/12/2014 at: www.hse.gov.uk/pubns/indg453.pdf. A checklist for compliance to the Health and Safety Acts was accessed and downloaded on 22/02/2015 at: www.direct.gov.uk/en/Employment/HealthAndSafetyAtWork/DG_4016686

5)   UN Charter Chapter 7 can be accessed at: www.un.org/en/documentscharter/chapter7.shtml

6)   Chomsky., N., (2006), ‘Failed States’, London: Hamish Hamilton

7)   Legal Information Institute (2013)

8)   Jean Pictet (1985), ‘Development and Principles of International Humanitarian Law’,

9)   Hague Conventions Conference website can be accessed at: www.hcch.net/index_en.php

10)   Legal Information Institute, based at Cornell University Law School, New York

11)   BBC News (2010), ‘Birmingham City Council to make £230m of savings’, can be accessed and downloaded at: www.bbc.co.uk/news/uk-england-birmingham-10636616

12)   UN News media (27/06/2013), ‘UN Court opens hearings on whaling dispute between Australia and Japan’

13)   International Court of Justice website can be accessed at: www.icj-cij.org/information/index.php?p1=7&p2=2#1

14)   Ibid

15)   Coalition for the International Criminal Court website ( 2014) can be accessed at: www.iccnow.org/?mod=home

16)   Ibid

17)   FBI news release (20/04/2015), ‘Former Corporate Executives Charged with Securities Fraud and Tax Offenses for Wide-Ranging Commercial Bribery Scheme’, accessed and downloaded on 30/03/2015 at: www.fbi.gov/newyork/press-releases/2014/former-corporate-executives-charged-with-securities-fraud-and-tax-offenses-for-wide-ranging-commercial-bribery-scheme

18)   Department of Justice online, was accessed on 30/03/2015 at: www.justice.gov/criminal/fraud/fcpa/

19)   Fresh Field Waterhouse (February 2013), ‘The Legal Obligations for Encryption of personal data in Europe and Asia’

VIDEOS

A number of videos were consulted in writing this chapter that illuminate some of the complexities and controversies in relation to understanding domestic and international law. These are most useful in reflecting upon this chapter’s content and could be important additional learning tools for developing your own knowledge of Legislation and Regulations. The videos are listed below:

(2012) Law Firm Bond Pearce analyses the impact of the Corporate Manslaughter Act on UK business (5.15):

www.youtube.com/watch?v=IETQ6zfxyBk

(1988) ‘Death on the Rock, SAS Executions in Gibraltar’, Thames Television: A video that was hugely controversial in the 1980s where the tension between law and security management can sometimes become severe (43.40):

www.youtube.com/watch?v=x7MBqTw2vl0

(2012) Should the Human Rights Act be replaced by a Bill of Rights’, an LSE ‘British Government’ panel discussion (1.26:06):

www.youtube.com/watch?v=l_HDmD-JxZk

(2011) BBC Question Time, ‘Was Iraq War Legal’ – different perspectives on law (17.51):

www.youtube.com/watch?v=xxOU7yt8-44

(2012) Big Think, International Law Explained (4.37):

www.youtube.com/watch?v=8Zeein83DdU

(2013) Lauterpacht Centre for International Law, Cambridge University Lecture – The True Nature of International Law (1.01.51):

www.youtube.com/watch?v=wb6N7YWDUgg

(2013) Pentagon Papers Case: Supreme Court Decision (1.38.43):

www.youtube.com/watch?v=WPBIae8HVNc

(2013) William Spaniel, of Game Theory, What is the United Nations Security Council? (8.54):

www.youtube.com/watch?v=aQN-ZraOjts