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)

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