Introductory Note to R (Al-Jedda) v Secretary of State for Defence

International Legal Materials, Vol. 47, p. 607, 2008

Vermont Law School Research Paper No. 09-26

6 Pages Posted: 13 Jun 2009 Last revised: 30 Oct 2009

See all articles by Stephanie Farrior

Stephanie Farrior

Hunter College, Roosevelt House Public Policy Institute

Date Written: June 9, 2009

Abstract

In this case, a dual British and Iraqi citizen challenged his detention in Iraq by United Kingdom forces on the ground that his indefinite detention without charge or trial and without access to a court violated his rights under article 5 (liberty and security) of the European Convention on Human Rights. In considering the case, the House of Lords addressed two main international law issues: whether the detention by UK forces in Iraq was attributable to the United Nations rather than the UK, and whether the rights in the European Convention, by virtue of UN Charter article 103, are "displaced or qualified" by the legal regime established pursuant to UN Security Council resolutions.

This Note provides an overview of the case and critiques the opinions of the Law Lords, including the curiously selective quoting of Judge Lauterpacht in the Application of the Genocide Convention case.

Keywords: UN Charter, attribution, human rights, Iraq, detention, state responsibility, Behrami, Article 103, Security Council

JEL Classification: K33, K40, N40

Suggested Citation

Farrior, Stephanie, Introductory Note to R (Al-Jedda) v Secretary of State for Defence (June 9, 2009). International Legal Materials, Vol. 47, p. 607, 2008, Vermont Law School Research Paper No. 09-26, Available at SSRN: https://ssrn.com/abstract=1416993

Stephanie Farrior (Contact Author)

Hunter College, Roosevelt House Public Policy Institute ( email )

47-49 E 65th St
New York, NY 10065
United States

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