On 21st April, almost two months since the US launched Operation Epic Fury “to destroy Iranian offensive missiles, destroy Iranian missile production, destroy Iran’s navy and other security infrastructure” and “finally ensure that Iran will never have nuclear weapons”, the Office of the Legal Adviser to the State Department issued a detailed justification of the legality of the attack, asserting that the US “is acting well within the recognised contours of international law relating to the use of force and self-defence” (StateOperation Epic Fury and International Law - United States Department of State)

To discuss the State Department Opinion, issued in the name of Legal Adviser Reed D Rubinstein, Ken Macdonald KC and Tim Owen KC are joined by the highly distinguished American academic, Professor Rebecca Ingber of the Cardozo School of Law (Rebecca Ingber). An expert in international law, national security, foreign relations law and constitutional separation of powers, Rebecca served as the Counselor on International Law in the Office of the Legal Adviser at the State Department between 2021-2023 and she brings practical experience of government service and academic expertise to dissect the various strands of the State Department’s belated legal justification for the war against Iran. Does the theory of a “continuing armed conflict” between Iran and the US/Israel, possibly dating back as far as 1979, stand up to legal scrutiny so that there was no need for a fresh assessment of necessity/proportionality before attacking Iran on 28th February ?

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Covering the critical intersections of politics and law in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain's legal and political future.    

What happens when politics and law collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain's legal and political system?  Get answers to questions like these weekly on Wednesdays.   

Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.    

Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law. 

Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.  Both bring unparalleled experience from the frontline of Britain's legal and political landscape. 

If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you'll love Double Jeopardy.

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