Date01 January 2016
AuthorGarrett Sheehan
Solicitors’ apprentices were not always noted for their expertise in producing
academic articles on contemporary legal issues. e Hibernian Law Journal gives
lie to this perception and the present volume maintains the high standard set at its
Adeo Fraser’s article “From the Kalashnikov to the Keyboard” draws our attention
to the manner in which internet technology has advanced ahead of our ability to
protect ourselves from cyber attack. We are only beginning to understand what we
must do. In the course of a well researched article he argues that a failure to properly
dene and understand cyber use of force could lead to an armed response to a cyber
attack. Adeo Fraser’s analysis looks at the options available to cyber aggressors
and the corresponding responses. In particular he notes North Korea’s hacking of
Sony. He concludes by suggesting that a cyber equivalent to the Kellogg–Briand
Pact is required to regulate cyber operations at the international level. At the time
of writing the UK Government has just announced a substantial increase in its
defence budget to deal with this question of cyber attack – an indication of just
how relevant this article is.
Aoife O’Reilly commences her article on the European Convention on Human
Rights and Socio Economic Rights claims by reminding us that the Convention
was designed to guard against a recurrence of World War 2 atrocities. She describes
the Convention as a seminal instrument of civil and political rights protection. She
does not see the European Social Charter promoting Socio Economic Rights and
seeks to examine whether or not there is scope for the European Court of Human
Rights to do so. She points out that socio economic deprivation can undoubtedly
generate inhuman and degrading living conditions and focuses on the protection
possibilities provided by Article 3 of the European Convention. In the course of
her analysis she introduces the reader to the relevant jurisprudence of the European
Court of Human Rights.
e European Directive 2012/10/EU came into force in Ireland last November.
Article 1 of the Directive provides that its objective is to ensure that persons who are
the victims of a crime receive appropriate information, support and protection and
are able to participate in criminal proceedings. Lisa uinn-O’Flaherty examines
this Directive in depth and helpfully introduces us to the manner in which victims
are treated in other jurisdictions, most notably the UK, the USA and Sweden. She
concludes her article by suggesting that best practice in this area now requires that
victims of crime should have their own advocates. e practicalities of this proposal
were it to be adopted would clearly require an extension of the legal aid system.
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