“The detention without trial by British forces of persons in Iraq pursuant to the legal regime established by UN Security Council Resolution 1546 as being necessary for imperative reasons of security was attributable to the United Kingdom rather than the United Nations but was not contrary to the detainee’s right to liberty under art 5(1) of the European Convention on Human Rights because the obligation to carry out Security Council resolutions prevailed over all other international agreements including the Convention.”
R (Al-Jedda) v Secretary of State for Defence (JUSTICE and another intervening) [2007] UKHL 58
WLR Daily, 13th December 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
