Hostname: page-component-cd9895bd7-lnqnp Total loading time: 0 Render date: 2024-12-26T07:02:50.617Z Has data issue: false hasContentIssue false
  • English
  • Français

Rahmatullah (Respondent) v. Ministry of Defence and Foreign and Commonwealth Office (Appellants) (No 2); “The Iraqi Civilian Claimants” (Respondent) v. Ministry of Defence and Foreign and Commonwealth Office (Appellants); Mohammed (Serdar) and Others (Respondents) v. Ministry of Defence (Appellant)

United Kingdom, England.  17 January 2017 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Relationship of international law and municipal law — Act of State — Different doctrines of act of State — Crown act of State — Whether Crown act of State precluding justiciability of claim — Whether Crown act of State a defence to action in tort for acts performed pursuant to lawful government policy — Detention of suspected insurgents by British forces during conflicts in Afghanistan and Iraq — Action for damages in tort — Proper law the law of the State in which detention took place — Whether Crown act of State a defence

War and armed conflict — Detention of suspected combatants — Whether an essential feature of decision to undertake military operations — Whether a Crown act of State — The law of England

Keywords

Relationship of international law and municipal lawWar and armed conflict
Type
Case Report
Information
International Law Reports , Volume 178 , 2018 , pp. 366 - 413
Copyright
© Cambridge University Press 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)