Mark Mackarel
Senior Lecturer
7063
Overview
Mark joined Exeter Law School in Cornwall in August 2020 having previously taught law and criminal justice at Aberdeen, Dundee, St Mary's, Exeter and Portsmouth.
Mark has a background in teaching criminal law, international criminal justice and human rights. Mark has an interest in developing internationalised perspectives of the curriculum and study skills with students.
Mark's teaching has been informed by his work examining human rights protection under the European Convention on Human Rights and through the prosecution of crimes against international law. His research has also examined the development of legal co-operation in countering cross-border crime.
Research
RESEARCH, PUBLICATIONS AND CONFERENCE PAPERS
(a) Articles and Book Chapters.
Commentary on Referral Decisions at the ICTR 2011-2012, In ‘Annotated Leading Cases of International Criminal Tribunals (Vol. 53)’. Eds Klip, A. & Freeland, S. (2018) Intersentia, Antwerp. pp.162-168.
Commentary on Decision on the Admissibility and Abuse of Process Challenges, Situation In The Central African Republic In The Case Of The Prosecutor v. Jean-Pierre Bemba Gombo, Case. No. ICC-01/05-01/08, T. Ch. III, 24 June 2010, In ‘Annotated Leading Cases of International Criminal Tribunals (Vol. 50)’. Eds Klip, A. & Freeland, S. (2016). Intersentia, Antwerp. pp.673-678.
Commentary on Decision on Prosecution Appeal against the Trial Chamber’s Decision on 2 August 2004 refusing leave to file an interlocutory appeal, CDF Case, A. Ch., 17 January 2005. In ‘Annotated Leading Cases of International Criminal Tribunals (Vol. 21)’. Eds Klip, A. & Sluiter, G. (2010). Intersentia, Antwerp. pp. 693-697.
Human Rights as a barrier to Surrender, in 'The European Arrest Warrant in Practice', Eds. Keijzer, N. & van Sliedregt, E. (2009) The Hague, T.M.C. Asser. pp. 139-156.
Commentary on Decision on Fatmir Limaj’s Request for Provisional Release, Prosecutor v. Limaj, Bala and Musliu, Case No. IT-03-66-PT, A Ch., 31 October 2003. In ‘Annotated Leading Cases of International Criminal Tribunals (Vol. 15)’. Eds Klip, A. & Sluiter, G. (2008). Intersentia, Antwerp. pp. 16-20.
Surrendering the Fugitive – The European Arrest Warrant and the United Kingdom. 2007 71 Journal of Criminal Law 362.
The European Arrest Warrant – The Early Years. Implementing and Using the Warrant. 2007 15 European Journal of Crime, Criminal Law and Criminal Justice 37-65.
Evidentiary Issues before the ICTY – Rebuttal, Use of Prior Statements and Previously submitted Testimony. Commentary and analysis. In ‘Annotated Leading Cases of International Criminal Tribunals (Vol. 7)’. Eds. Klip, A. & Sluiter, G. (2005). Intersentia, Antwerp. pp. 130-134.
Procedural Aspects of the Convention. In ‘The Containment of Transnational Organised Crime – Comments on the UN Convention of December 2000’. Eds. Albrecht, H-J. & Fijnaut, C. (2002). Germany, Edition, Iuscrim. 145-154.
The European Convention on Human Rights and Scots Criminal Law. Co-authored with Professor Pamela Ferguson. In ‘Constitutional Change in Scotland’, McQueen, H. & Boyle, A. (2002). Aldershot, Hart. pp. 307-327.
Witness Decisions in Prosecutor v Kupreskic, ICTY Case No: IT-96-21-T. Commentary and analysis. In ‘Annotated Leading Cases of International Criminal Tribunals (Vol. 3)’. Eds Klip, A. & Sluiter, G. (2001). Intersentia, Antwerp. pp. 200-202.
Het Lockerbie-Proces. Een Schots Hof in Nederland. Nederlands Juristenblad, 3 March 2000 pp. 445-451. Co-authored with Dr. Andre Klip.
The Lockerbie Trial: A Scottish Court in the Netherlands. (1999) 70 International Review of Penal Law pp. 777-818. Co-authored with Dr. Andre Klip.
Pinochet and the House of Lords: A Turning Point in International Human Rights Law? (1999) 3 Edinburgh Law Review pp.380-394. Co-authored with Kirsty Middleton.
Prosecutor v. Tadic, Decision on the Prosecution’s motion requesting protective measures for victims and witnesses, Trial Chamber, 10 August 1995 (Separate opinion Judge Stephen). Case analysis and comment. In ‘Annotated Leading Cases of International Criminal Tribunals (Vol. 1)’, eds Klip, A & Sluiter, G (1999). Antwerp, Intersentia. pp.190-193.
Extradition and the European Union. 1997 46 International and Comparative Law Quarterly 948-957. Co-authored with Susan Nash.
Admitting Irregularly or Illegally Obtained Evidence from Abroad into Criminal Proceedings - A Common Law Approach. 1997 Criminal Law Review pp.720-729. Co-authored with Professor Christopher Gane.
The Admissibility of Evidence obtained from Abroad into Criminal Proceedings - The Interpretation of Mutual Legal Assistance Treaties and use of Evidence irregularly obtained.
1996 4 European Journal of Crime, Criminal Law and Criminal Justice pp.98-119. Co-authored with Professor Christopher Gane.
Europol - What is it, What does it do, Why should we care? 1996 1 Scottish Law and Practice Quarterly pp.197-204.
Putting the boot into young offenders - a plea for positivism in juvenile sentencing. New Law Journal. 12 May 1995 pp. 701-702.
(b) Books.
International Criminal Law, 2001 Pub: Cavendish, London. Co-authored with Ilias Bantekas and Susan Nash. lvi + 323pages
Human Rights and the Administration of Justice. Updated and amended 2012: Pub Martinus Nijhoff,
1997 Pub: Kluwer and the International Bar Association. Co-editor with Professor Christopher Gane. Collection of Human Rights materials with commentary. 832pages
(c) Conference Papers and Reports.
‘The Soldiers Burden: The Development of the Defence of Superior Orders in International Criminal Law’. History of Crime Symposium, University of West London, 13 March 2017.
A Review of the Recognition in International Law of Women and Children as Victims of Human Trafficking. European Social Science History Conference, Valencia, Spain. 2nd April 2016.
Facing up to the Challenges of Legal Co-operation in responding to Human Trafficking. Centre for the Study of Modern Slavery, St Mary’s University, London. Symposium, 10th March 2016.
Developments in the exchange and admissibility of evidence in criminal cases in the European Union. United Kingdom Association of European Lawyers conference, ‘EU Criminal Law’, Edinburgh, 22nd February 2013.
Chair of Session on The Implementation of the EAW, Extradition, Deportation and Rendition. Organised and published by JUSTICE and Sweet and Maxwell, London, 31 March 2006.
The Background to the European Arrest Warrant. Conference on the European Arrest Warrant. Academy of European Law, Trier, Germany. May 15-17 2003.
Problems in Transferring Evidence Across Borders in Criminal Proceedings. Conference on ‘The Law of Evidence and Judicial Cooperation in the European Union’. Academy of European Law, Trier, Germany. Nov 25-26 2002.
Procedural Aspects of the UN Convention against Transnational Organised Crime. International Conference on the UN Convention against Transnational Organised Crime. Max–Planck Institute for Foreign and International Criminal Law, Freiberg, Germany. Dec 14-15 2001.
Scottish Office Briefing Paper On Legal Issues And Witness Protection In Criminal Cases. Scottish Executive Central Research Unit, Edinburgh, 2001. With Sue Moody and Fiona Raitt.
Mutual Legal Assistance and Civil Liberties. Meeting of the International Law Association’s Committee on Mutual Assistance in Criminal Matters. University of Edinburgh, 29 September 2000.
Legal Issues Arising During the Lockerbie Trial. Seminar, Willem Pompe Instituut voor Strafrechtswetenschappen, University of Utrecht, Netherlands, 19 September 2000.
Legal Questions at the Commencement of the Lockerbie Trial. The Lockerbie Trial Seminar, Amsterdam Center for International Law, Slot Zeist, Netherlands. May 2000.
Human Rights and the Scotland Act – An Introduction for the Practitioner. The Centre for Professional Legal Practice, University of Dundee. 2 December 1999.
Prosecuting Extra-Territorial Crime: The Problems of Mutual Assistance. Criminal Jurisdiction: UK Law and Extra-Territorial Application, The British Institute of International and Comparative Law, London. 28 September 1999.
The Background to the Lockerbie Trial. Criminal Law Forum, University of Dundee. May 1999
The Development of Individual Criminal Responsibility in International Law. Scrymgeour Lecture, University of Dundee, 22 April 1998.
Codification of the Criminal Law - Comparative Perspectives. Scottish Law Faculties Conference, Pitlochry, 26 March 1997.
The Use and Abuse of Procedures for International Evidence Exchange in Criminal Matters. Socio-Legal Studies Association Annual Conference, University of Southampton, 3 April 1996.
Comparative modern policing - England and Germany. Erasmus Intensive Seminar, Sussex University, April 5 1995.
(d) Book Reviews.
Review of International Criminal Law, by O’Keefe, R. (Oxford University Press) 2016 Edinburgh Law Review Vol 20 418-419.
Review of The Alleged Trans-national Criminal, Ed. Atkins, R.D. 1996 21(3) International Legal Practitioner 106-107.
Review of International Criminal Law in the Netherlands, Eds. Swart, B. & Klip, A. 1998 6(2) European Journal of Crime, Criminal Law and Criminal Justice 169-170.
Supervision
Mark would be pleased to hear from students with an interest in research projects examining aspects of international criminal justice, comparative criminal criminal justice and international co-operation in criminal matters.
Undergraduate Dissertations
Mark can supervise undergraduate Dissertations and Research Projects for students based at the Penryn campus in the subject areas of:
Criminal law and criminal justice, international criminal law, human rights, organised crime, international legal co-operation in criminal matters and the law of tort.
For 2021-22, students may wish to look at some of these current issues:
The work of the International Criminal Court following the appointment of a new prosecutor.
The future of the Human Rights Act 1998
The case load crisis at the European Court of Human Rights
The post-Brexit framework for international co-operation in relation to organised crime for UK law enforcement
Balancing privacy and freedom of expression
Post covid criminal justice blues - how will the system recover?
Mark is also happy to discuss with students forming their own proposals in these areas. Please email me to arrange a meeting: m.mackarel2@exeter.ac.uk
More information
Legal Heroes
During my postgraduate study, I began to take a special interest in the role of human rights and their dual role of building protections against terrible crimes against people and the way they build in transparency, accountability and prevent abuses of power in by the state.
In September 2019, the Supreme Court handed down a judgment that prevented the Government from proroguing Parliament (ending the Parliamentary session) in an apparent attempt to end parliamentary debate and opposition to its Brexit Withdrawal Bill. Whatever your feelings about Brexit, the attempt by the Government to artificially restrict debate and the parliamentary process was regrettable.
The judgment in this case was presented in the Supreme Court by Baroness Brenda Hale, the first woman to be appointed as a Lord of Appeal in Ordinary at the United Kingdom's highest court of appeal, the House of Lords. The House of Lords was replaced as a judicial institution by the Supreme Court in 2009.
Baroness Hale is an inspiration in that aside from leading the way for the overdue process of increasing female representation amongst the senior judiciary, as President of the Supreme Court (2017-2020) she was central to legal decisions which held the UK Government to account. Baroness Hale begun her career as a legal academic (an inspiration to lecturers!), worked at the Law Commission and progressed through the ranks of the judiciary on merit. She has been an outspoken advocate of judicial diversity and was well known for her contribution to the development of family law and her accessibility to the public and law students (she would talk to groups visiting the Supreme Court and visited the Law School at Exeter in 2018).
