Conflict and Wars in UK Law

Leading Cases
  • HM and Others (Article 15(c)
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 12 Octubre 2012

    These can properly be regarded as indiscriminate in the sense that, albeit they may have specific or general targets, they inevitably expose the ordinary civilian who happens to be at the scene to what has been described in argument as collateral damage. The means adopted may be bombs, which can affect others besides the target, or shootings, which produce a lesser but nonetheless real risk of collateral damage.

    The CJEU requires us to decide whether the degree of indiscriminate violence characterising the armed conflict taking place reaches such a high level as to show the existence for an ordinary civilian of a real risk of serious harm in the country or in a particular region. When we refer below to the “Article 15(c) threshold”, this is what we have in mind. Thus it is necessary to assess whether the level of violence is such as to meet the test.

    In HM1 at [73] the Tribunal decided that an attempt to distinguish between a real risk of targeted and incidental killing of civilians during armed conflict was not a helpful exercise. We agree, but in assessing whether the risk reaches the level required by the CJEU, focus on the evidence about the numbers of civilians killed or wounded is obviously of prime importance. Thus we have been told that each death can be multiplied up to seven times when considering injuries to bystanders.

  • HM (Iraq) v Secretary of State for the Home Department
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 10 Junio 2010

    Such violence is indiscriminate in effect even if not necessarily in aim.

  • HH & others (Mogadishu: armed conflict: risk)
    • Asylum and Immigration Tribunal
    • 22 Noviembre 2007

    The Tribunal received considerable oral and written submissions on one particular issue of subsidiary protection, as provided in Chapter V of Council Directive 2004/83/EC (“the Qualification Directive”): the risk of suffering the form of serious harm identified in article 15(c) of the Qualification Directive, namely, a serious and individual threat to a civilian's life or person by reason of indiscriminate violence in situations of international or internal armed conflict.

  • QD (Iraq) and another v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 24 Junio 2009

    Nor, however, has the judgment introduced an additional test of exceptionality. By using the words “exceptional” and “exceptionally” it is simply stressing that it is not every armed conflict or violent situation which will attract the protection of article 15(c), but only one where the level of violence is such that, without anything to render them a particular target, civilians face real risks to their life or personal safety.

  • Mulcahy v Ministry of Defence
    • Court of Appeal (Civil Division)
    • 21 Febrero 1996

    Warfare perhaps never did admit of such a distinction, but now it would be quite absurd.

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Books & Journal Articles
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Law Firm Commentaries
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    • Mondaq UK
    ... ... fire, flood, wars, armed conflict, terrorist act, riot, civil ... commotion, malicious ... ...
  • Sanctions/Export Highlights [As of August 18, 2022]
    • LexBlog United Kingdom
    UK Publishes General License for Energy for Mongolia: On August 16, 2022, the UK published General License INT/2022/2085212 for Mongolia energy payments.  The license permits payments to the Credit...
    ... ... U.S., EU, and Others Call for Russian Diamonds to be Labeled Conflict Diamonds: According to media reports, the U.S., European Union, Canada, ... Process defines conflict diamonds as rough diamonds used to finance wars against governments. The press reports that, aside from energy, gems are ... ...
  • Recent developments In Force Majeure
    • Mondaq UK
    ... ... eruptions, landslides) Natural catastrophes Plague or epidemic Wars, invasion, armed conflict Blockades, embargoes Sabotage Nationwide ... ...
  • Brexit – What, When And Why?
    • Mondaq UK
    ... ... The EU evolved directly from the ashes of two great wars in the 20th century in which millions of combatants were killed and ... These two wars had roots in countless centuries of war, conflict, suspicion, prejudice and isolation (political, economic and cultural) ... ...
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