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International humanitarian law (IHL) / Armed forces / Military

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R (on the application of Al-Jedda) (FC) (Appellant) v Secretary of State for Defence (Respondent) [2007] UKHL 58

The court examines the applicability of English Law vs Iraqi law, whether UNSCR regulations and the UN Charter qualified Mr Al-Jedda rights under the ECHR, such that his detainment would not be a violation of Article 5 (1). The Secretary of State (SoS) also raised an new untested argument regarding where the appellant's detention was attributable to the United Nations and therefor outside the scope of the ECHR. Law reports: [2007] UKHL 58; [2008] 2 WLR 31; [2008] 1 AC 332; Times 13-Dec-2008 On appeal from the Court of Appeal: [2006] EWCA Civ 327.

12 December 2007 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Appeal / Right to appeal - Armed forces / Military - Crimes against humanity - Human rights and fundamental freedoms - Right to liberty and security - Terrorism | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

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