Dr Bharat Malkani

Photo of Dr Bharat Malkani

Birmingham Law School
Lecturer

Contact details

Telephone
+44 (0)121 414 6315
Fax
+44 (0)121 414 3585
Email
b.malkani@bham.ac.uk
Twitter
@bharatmalkani
Address
Birmingham Law School
University of Birmingham
Edgbaston
Birmingham
B15 2TT
United Kingdom

Bharat’s research and teaching focuses on the impact of human rights law on the criminal justice system. He has a particular interest in the death penalty, and is currently writing a monograph exploring the links between slavery, the death penalty, and their respective abolitionist movements in the USA. He has published on various aspects of capital punishment, and was awarded the 2013 Young Scholar Award for his article 'The Obligation to Refrain from Assisting the Use of the Death Penalty' (2013) 62(3) International and Comparative Law Quarterly 523.

Bharat has advised the United Nations and the Australian Parliament on issues relating to the abolition of the death penalty, and is a member of the International Network of Academics Against Capital Punishment. His work has also been cited in the UK Supreme Court.

Bharat is also the Co-ordinator of the Birmingham Law School’s Pro Bono Group, which he established in 2009. The Pro Bono Group provides free legal services for the local community, and enables students to gain experience of the law in practice, to complement their studies.

Qualifications

  • LLB (Bristol, 2000)
  • LLM (Nottingham, 2002)
  • PhD (Bristol, 2009)

Biography

Bharat Malkani joined Birmingham Law School in September 2008 whilst completing his doctorate at the University of Bristol, which he completed in 2009. Prior to commencing his PhD, Bharat worked at the American Bar Association (Juvenile Justice Center) in Washington DC, where he helped co-ordinate an ultimately successful national campaign to have the death penalty for juvenile offenders abolished in the United States of America. He authored an amici curiae brief on the relevance of international human rights law to the interpretation of the US Constitution, which was cited by the US Supreme Court when abolishing the death penalty for juvenile offenders in Roper v. Simmons (2005). While at Bristol, Bharat helped set up the first Innocence Project in the UK, which enables students to research and investigate claims of miscarriages of justice.

Teaching

  • Human Rights & Criminal Justice (LLB and LLM, module leader)
  • International Human Rights Law (LLB and LLM, module leader)
  • The Death Penalty in Law and Practice (LLM, module leader)
  • Sentencing and Penal Policy (LLM)
  • Criminal law (LLB)

Postgraduate supervision

Dr Malkani is keen to supervise postgraduate research students whose research interests lie in the following areas: 

  • The Death Penalty
  • Human Rights Law
  • International Law
  • Criminal Law and Criminal Justice

Current doctoral supervision

Dr Malkani is currently supervising four doctoral students undertaking research in the following areas: 

  • Environmental philosophy in international law: a study of environmental philosophical perspectives in decisions of the ICJ
  • The death penalty and mental health
  • The rights of the child in the context of immigration law
  • Social justice, poverty, and international human rights law

Research

Bharat Malkani is interested in the relationship between human rights law and the criminal justice system, with a particular focus on the death penalty. He has published on various aspects of capital punishment, and was awarded the 2013 Young Scholar Award for his article 'The Obligation to Refrain from Assisting the Use of the Death Penalty' (2013) 62(3) International and Comparative Law Quarterly 523.

Bharat has advised the United Nations and the Australian Parliament on issues relating to the abolition of the death penalty, and is a member of the International Network of Academics Against Capital Punishment.

In 2015, Bharat spoke at the Hay Festival on the topic of capital punishment. His talk can be listened to here

Other activities

  • 2009-present: Pro Bono Coordinator at Birmingham Law School
  • 2014-present: Law School Equality and Diversity Officer

Publications

Chapters in Books

  • ‘Law schools and Pro Bono initiatives: Student motivations, perceptions, and experiences at the University of Birmingham’ (with Linden Thomas) in Paul McKeown and Chris Ashford (eds), Social Justice and Legal Education (Cambridge Scholars Publishing, forthcoming 2016)
  •  'The Judicial Use of International and Foreign Law in Death Penalty Cases: A Poisoned Chalice?' in Austin Sarat (ed.) Is the Death Penalty Dying? (Volume 42 Studies in Law, Politics and Society, Elsevier: Oxford 2008)

Articles

  • John Bessler, ‘The Birth of American Law: An Italian Philosopher and the American Revolution’ (Carolina Academic Press, 2014) (2015) 49(4) Journal of American Studies
  • ‘Voices of the Condemned: A Comparative Study of the Testimonies of Death Row Exonerees and Slave Narratives’ (2014) Law, Culture and the Humanities 1-22
  • 'The Obligation to Refrain from Assisting the Use of the Death Penalty' (2013) 62(3) International and Comparative Law Quarterly 523-556
    (Dr Malkani was awarded the 2013 Young Scholar Prize by the Editorial Board of the ICLQ for this article)
  • 'Sentencing children who kill: one giant leap for the US Supreme Court, one small step for international human rights law' (2012) 12 Human Rights Law Review 801-813
  • 'A rights-specific approach to section 2 of the Human Rights Act' (2012) 5 European Human Rights Law Review 516-528
  • 'Article 8 of the European Convention on Human Rights and the decision to prosecute' (2011) 12 Criminal Law Review 943-956
  • 'Human rights treaties in the English legal system' [2011] Public Law 554-577
    (This article has been translated into Japanese by Jun'ichi Satoh of Osaka Sangyo University. See (2013) 18 Journal of Osaka Sangyo University 225)   

Other

Expertise

Human rights and criminal justice, with particular focus on the death penalty;  the relationship between international human rights law and domestic law.

Expertise

Human rights and criminal justice, with particular focus on the death penalty; the relationship between international human rights law and domestic law