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Supreme Court judge on war, intelligence and the retreat of judicial deference
The recent standoff between two leading judicial lights, Jonathan Sumption and Stephen Sedley, may make for entertaining reading, but don’t be fooled. Like the heated question of whether a...
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“Snatch Rover” case – inviting judges into the theatre of war?
Smith and Others (Appellants) v The Ministry of Defence (Respondent) and other appeals – read judgment and our previous post for summary of the facts So, the Supreme Court has refused to allow these...
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A Clash of Rights – Does the ECHR apply in Syria?
Does the current jurisprudence on Article 1 of the ECHR create potential human rights problems in the Syrian conflict? Reports of two British citizens killed by RAF drone strikes in Syria last week...
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Developments in the oversight of British Troops abroad – the Roundup
In the news The oversight of the conduct of British soldiers in Iraq has been subject of two recent developments. The first is political, as Prime Minister Theresa May has renewed criticism of...
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Human rights on the battlefield – a postscript on ‘dicta’ (and ‘dicta’)
Even if technically obiter, it is suggested that the reasoned decision of the majority of the Supreme Court in Smith is likely to be regarded as binding in practice, if not in strict theory. This is a...
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Al-Skeini may open door to more war claims
The recent European Court of Human Rights (ECtHR) judgment in Al-Skeini will certainly enter the Court’s hall of fame as a landmark judgment for pushing the boundaries of the European Convention on...
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First they came for the journalists…
News of the deaths of Sunday Times reporter Marie Colvin and French photographer Remi Ochlik and the serious injuries of photographer Paul Conroy and Edith Bouvier, a freelance journalist reporting for...
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Peace campaigner evicted from Parliament Square using new law – Marina Wheeler
R (on the application of Maria Gallastegui) v Westminster City Council [2012] EWHC 1123 (Admin) – Read judgment On 27 April 2012, Maria Gallastegui, a peace campaigner and resident of the East...
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Iraq soldier families can bring negligence but not human rights claims –...
Smith & Ors v The Ministry of Defence [2012] EWCA Civ 1365 – Read judgment Updated – the first two paragraphs of this post have been amended as they were factually inaccurate. Many apologies for...
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High Court refuses to condemn US drone strikes
R (Khan) v Secretary Of State For Foreign & Commonwealth Affairs [2012] EWHC 3728 (Admin) (21 December 2012) – Read judgment In this unsuccessful application for permission to apply for judicial...
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High Court directs major overhaul of Iraq death and mistreatment allegations...
Mousa & Ors, R (on the application of) v Secretary of State for Defence [2013] EWHC 1412 (Admin) (24 May 2013) – Read judgment Remember the Iraq War? Following the 2003 invasion Britain remained in...
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Travails of the War Horse orchestra
Ashworth and others v the Royal National Theatre [2014] 1176 – read judgment Anyone who saw one of the early performances of War Horse in its first season at the National Theatre will remember how...
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Law of armed conflict means that anti-detention provision in ECHR may be...
Hassan v. the United Kingdom (application no. 29750/09) ECHR 936 (16 September 2014) – read judgment This case concerned the capture of an Iraqi national, Tarek Hassan, by the British armed forces and...
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War inside the court room
Al-Saadoon & Ors v Secretary of State for Defence [2015] EWHC 715 – read judgment The High Court has ruled that the ECHR applies to situations where Iraqi civilians were shot during security...
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War remains inside the court room: jurisdiction under ECHR
Al-Saadoon & Ors v Secretary of State for Defence [2016] EWCA Civ 811, 9 September 2016 – read judgment This is an extremely important judgment from the Court of Appeal on the reach of the ECHR...
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