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 conflict in Afghanistan — Whether Convention applicable — Whether detention justified by Security Council resolutions — Whether detention justified by international humanitarian law

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 actions of British forces in ISAF attributable to the United Kingdom or the United Nations

Relationship of international law and municipal law — Act of State — Different doctrines of act of State — Act of foreign 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 conflict in Afghanistan — Action for damages in tort — Proper law the law of Afghanistan — Whether Crown act of State a defence — Whether Crown act of State applicable to claim under the Human Rights Act 1998

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

State immunity — Jurisdictional immunity — Whether State indirectly impleaded — Action in English courts against United Kingdom Government departments and officials — Whether action requiring English courts to decide whether acts allegedly performed by officials of foreign State unlawful — Whether State immunity would bar such inquiry — Compatibility of State immunity with European Convention on Human Rights, 1950, Article 6 — Sources of international law regarding State immunity

Relationship of international law and municipal law — Act of State — Different doctrines of act of State — Act of foreign State — Whether a separate but related concept of non-justiciability — Crown act of State — Whether act of foreign State doctrine barring court from exercising jurisdiction if to do so would require inquiry into legality of acts of foreign State — Whether court required to exercise judicial restraint — 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 — The law of England

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 conflict in Afghanistan — Whether Convention applicable — Whether detention justified by Security Council resolutions — Whether detention justified by international humanitarian law

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 actions of British forces in ISAF attributable to the United Kingdom or the United Nations

Relationship of international law and municipal law — Act of State — Different doctrines of act of State — Act of foreign 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 conflict in Afghanistan — Action for damages in tort — Proper law the law of Afghanistan — Whether Crown act of State a defence — Whether Crown act of State applicable to claim under the Human Rights Act 1998

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

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

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

Human rights — Torture — Detention — Extra-judicial rendition — Justiciability — Action in domestic court against organs of the forum State — Allegations that those organs complicit in violations of fundamental human rights by foreign States — Whether justiciable

Relationship of international law and municipal law — Act of State — Different doctrines of act of State — Act of foreign State — Different concepts — Rule of private international law that legislation of a foreign State presumed valid in respect of property located within the territory of the State — Possible rule that acts of a State within its own territory relating to property not to be questioned — Rule that certain acts of State performed outside the territory of the State on the plane of international law not justiciable in the domestic courts of another State — Limits of doctrine — Public policy exception — Whether doctrine applicable where allegations of violations of jus cogens or fundamental human rights

Sources of international law — Customary international law — Jus cogens — Significance in proceedings in domestic courts

State immunity — Jurisdictional immunity — Whether State indirectly impleaded — Action in English courts against United Kingdom Government departments and officials — Allegation of complicity in unlawful acts by foreign States — Whether foreign States indirectly impleaded — Whether State immunity applicable — State Immunity Act 1978 — United Nations Convention on Jurisdictional Immunities of States and their Property, 2004 — Relationship between State immunity and foreign act of State doctrine — The law of England