Al-Jedda v Secretary of State for Defence

JurisdictionUK Non-devolved
JudgeLORD BINGHAM OF CORNHILL,LORD RODGER OF EARLSFERRY,BARONESS HALE OF RICHMOND,LORD CARSWELL,LORD BROWN OF EATON-UNDER-HEYWOOD
Judgment Date12 December 2007
Neutral Citation[2007] UKHL 58
Date12 December 2007
CourtHouse of Lords
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44 cases
  • Kamil Najim Abdullah Alseran and Another v MRE and Others
    • United Kingdom
    • Queen's Bench Division
    • 14 December 2017
    ...It is common ground that, in accordance with this rule and with the decision of the House of Lords in R (Al-Jedda) v Secretary of State for Defence [2008] 1 AC 332, paras 40–43, the law applicable to claims in tort in this litigation is the law of Iraq. 37 Matters of foreign law are treated......
  • Abd Ali Hameed Ali Al-Waheed v The Ministry of Defence
    • United Kingdom
    • Queen's Bench Division
    • 31 July 2014
    ...law this court is bound to follow the decision of the House of Lords in R (Al-Jedda) v Secretary of State for Defence [2007] UKHL 58, [2008] 1 AC 332 and to dismiss these claims, notwithstanding the subsequent decision of the Grand Chamber of the European Court of Human Rights in Al-Jedda v......
  • R Youssef v Secretary of State for Foreign and Commonwealth Affairs
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 23 July 2012
    ...their obligations under the present Charter shall prevail." 7 It was held by the House of Lords in R (Al-Jedda) v Defence Secretary [2007] UKHL 58, [2008] 1 AC 332, and recognised by the Supreme Court in Ahmed v HM Treasury, that resolutions of the Security Council therefore prevail over a......
  • Am & Am (Armed Conflict: Risk Categories)
    • United Kingdom
    • Asylum and Immigration Tribunal
    • 29 October 2008
    ...Krotov [2004] EWCA Civ 69) as well as in non-refugee contexts: see R (On the application of Al-Jedda) v Secretary of State for Defence [2007] UKHL 58. We have to apply Adan in the context that since then, as the above cases reflect, there have been important developments in customary inte......
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25 books & journal articles
  • Suspected terrorists' rights between the fragmentation and merger of legal orders: reflections in the margin of the Kadi ECJ appeal judgment.
    • United States
    • Washington University Global Studies Law Review No. 8-4, December 2009
    • 22 December 2009
    ...Resolution 1546. (56.) See Al-Jedda I, ¶¶ 77-81. (57.) R (on the application of Al-Jedda) v. Sec'y of State for Defence ("Al-Jedda II"), [2007] UKHL 58 (U.K.) (appeal taken from (58.) See Al-Jedda II, ¶¶ 30-36. (59.) See Al-Jedda II. For a brief analysis of the House of Lords judgment, see ......
  • International law issues raised by the transfer of detainees by Canadian forces in Afghanistan.
    • Canada
    • McGill Law Journal Vol. 56 No. 4, June 2011
    • 1 June 2011
    ...supra note 126 at para 88. (129) Ibid at para 87. (130) See R ex rel Al-Jedda (FC) v United Kingdom (Secretary of State for Defence), [2007] UKHL 58, at para 2, at paras 26-39 (per Lord Bingham), 125-29 (per Baroness Hale), at paras 130-35 (per Lord Carswell), and at para 151 (per Lord Brow......
  • Detention of civilians on military operations: reasons for and challenges to developing a special law of detention.
    • Australia
    • Melbourne University Law Review Vol. 32 No. 2, August 2008
    • 1 August 2008
    ...and tribunals: see, eg, R (Al-Skeini) v Secretary of State for Defence [2008] 1 AC 153; R (Al-Jedda) v Secretary of State for Defence [2008] 1 AC 332 ('Al-Jedda'); Amnesty International Canada v Canada (Minister of National Defence) [2007] FC 1147; Behrami v France (2007) 45 EHRR (3) The te......
  • Litigating How We Fight
    • United States
    • International Law Studies No. 87, January 2011
    • 1 January 2011
    ...case in which the claim is a reality rather than a speculation. 16. R (on the application of Al-Jedda) v. Secretary of State for Defence, [2007] UKHL 58. 17. Convention for the Protection of Human Rights and Fundamental Freedoms, Nov. 4, 1950, 213 U.N.T.S. 221. 18. In addition, ECHR Article......
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