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International humanitarian law (IHL) / Armed forces / Military

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BE (Iran) v. Secretary of State for the Home Department

The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund.

20 May 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Armed forces / Military - Crimes against humanity - International humanitarian law (IHL) / Geneva Conventions - International protection - Landmines, unexploded ordnance (UXO) and improvised explosive devices (IEDs) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Treaties / Agreements / Charters / Protocols / Conventions / Declarations - War crimes | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

Prosecutor v. Haradinaj et al. (Trial Judgment)

3 April 2008 | Judicial Body: International Criminal Tribunal for the former Yugoslavia (ICTY) | Topic(s): Armed forces / Military - Combatants / Former combatants - Criminal justice - Kosovar - Roma - Serb - Torture - War crimes | Countries: Serbia

MM (Libya) v. Secretary of State for the Home Department

On appeal from the Asylum and Immigration Tribunal.

5 February 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Armed forces / Military - Country of origin information (COI) - Credibility assessment - Persecution based on political opinion | Countries: Libya - United Kingdom of Great Britain and Northern Ireland

Refugee Appeal No. 76133

24 January 2008 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Armed forces / Military - Coup d'état - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion | Countries: Fiji - New Zealand

RRT Case No. 071728809

19 December 2007 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Armed forces / Military - Country of origin information (COI) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Non-state agents of persecution - Persecution based on political opinion - Social group persecution - State protection | Countries: Australia - Nepal

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) | 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

QAAA of 2004 v. Minister for Immigration and Multicultural and Indigenous Affairs

6 December 2007 | Judicial Body: Australia: Federal Court | Topic(s): Armed forces / Military - Christian - Evidence (including age and language assessments / medico-legal reports) - Persecution based on political opinion - Religious persecution (including forced conversion) | Countries: Australia - Iran, Islamic Republic of

Prosecutor v. Dragan Zelenovic (Judgment on Sentencing Appeal)

31 October 2007 | Judicial Body: International Criminal Tribunal for the former Yugoslavia (ICTY) | Topic(s): Armed forces / Military - Bosnian - Crimes against humanity - Criminal justice - Muslim - Torture - War crimes | Countries:

Prosecutor v. Halilovic (Appeal Judgment)

16 October 2007 | Judicial Body: International Criminal Tribunal for the former Yugoslavia (ICTY) | Topic(s): Armed forces / Military - Conflict situation - Standard of proof - War crimes | Countries:

Prosecutor v. Mrksic et al. (Trial Judgment)

27 September 2007 | Judicial Body: International Criminal Tribunal for the former Yugoslavia (ICTY) | Topic(s): Armed forces / Military - Armed groups / Militias / Paramilitary forces / Resistance movements - Conflict situation - Crimes against humanity - Criminal justice - Torture - War crimes | Countries:

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