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Al-Waheed (Appellant) v. Ministry of Defence (Respondent)

United Kingdom, England.  17 January 2017 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Liberty of the person — European Convention on Human Rights, 1950, Article 5 — Territorial scope of the Convention — Detention of suspected insurgents by British forces during conflicts in Afghanistan and Iraq — Whether Convention applicable — Whether detention justified by Security Council resolutions — Whether detention justified by international humanitarian law — Significance for application of Article 5 — Effects of Hassan v. United Kingdom — Whether detention only justifiable under one of the six grounds in Article 5(1) — Procedural safeguards — Article 5(3) and (4)

International organizations — United Nations — Security Council — Multinational force authorized by the Security Council — Afghanistan — International Security Assistance Force (“ISAF”) — Scope of mandate — Whether authorized to detain suspects and for how long — Whether power of detention vested in ISAF or individual States — Differences between United Kingdom policy and ISAF procedures — Whether ISAF implicitly approved United Kingdom policy

War and armed conflict — Types of conflict — Non-international armed conflicts — International humanitarian law applicable to non-international armed conflicts — Common Article 3 to the Geneva Conventions, 1949 — Additional Protocol II, 1977 — Whether rules different from those applicable in international armed conflicts — Whether authorizing detention of suspected combatants — Relationship between international humanitarian law and international human rights law — The law of England

Type
Case Report
Copyright
© Cambridge University Press 2018

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