R (Al-Jedda) v Secretary of State for Defence

JurisdictionEngland & Wales
Neutral Citation[2005] EWHC 1809 (Admin)
Date2005
Year2005
CourtQueen's Bench Division (Administrative Court)
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7 cases
  • Serdar Mohammed v Ministry of Defence
    • United Kingdom
    • Queen's Bench Division
    • 2 May 2014
    ...a person detained in a British military prison in Iraq falls within the jurisdiction of the United Kingdom under Article 1: see [2005] EWHC 1809 (Admin) at para 25. What was unclear was not the existence of jurisdiction in such a case but the conceptual basis on which jurisdiction 143 That......
  • Hilal Abdul Razzaq Ali Al Jedda v The Secretary of State for Defence
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 8 July 2010
    ...system were implemented after July 2005 in order to take into account some criticisms of it by the Divisional Court in ( Al Jedda 1 [2005] EWHC 1809 (Admin), Moses and Richards LJJ). The main change was that the sole decision was no longer that of the Commanding Officer on the recommendatio......
  • R (Al-Jedda) v Secretary of State for Defence
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 29 March 2006
    ...of Hilal Abdul-Razzaq Ali Al-Jedda) Claimant/Appellant and Secretary of State for Defence Defendant/Respondent [2006] EWCA Civ 327 [2005] EWHC 1809 (Admin) Lord Justice Brooke Vice-President, Court of Appeal (Civil Division) Lord Justice May and Lord Justice Rix Case No: C1/2005/2251 IN THE......
  • Al-Jedda v Secretary of State for Defence
    • United Kingdom
    • House of Lords
    • 12 December 2007
    ...this country under the English common law. These claims were rejected by the Queen's Bench Divisional Court (Moses and Richards JJ: [2005] EWHC 1809 (Admin), HRLR 1355) and also by the Court of Appeal (Brooke, May and Rix LJJ: [2006] EWCA Civ 327, [2007] QB 621. Both courts below delivere......
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3 books & journal articles
  • Preventing the Emasculation of Warfare: Halting the Expansion of Human Rights Law into Armed Conflict
    • United States
    • Military Law Review No. 194, December 2007
    • 1 January 2008
    ...371 See GC IV, supra note 24. 372 Dennis, supra note 251, at 476-77. 373 Id. at 476. 374 Al Jedda v. Sec'y of State for Defense, [2005] EWHC (Admin) 1809, (Eng), 91. 375 Roberts, supra note 45. 376 Id. at 594. 377 Id. 378 For example, while a large majority of states agree that deep seabed ......
  • La nozione di giurisdizione extra-territoriale alla luce della recente giurisprudenza
    • European Union
    • Studi sulla integrazione europea No. 2-3-2012, May 2012
    • 1 May 2012
    ...autorizzata dalla risoluzione n. 1546 delle Nazioni Unite, v. R. (on the application of Al-Jedda) v. Secretary of State for Defence [2005] EWHC 1809 (Admin); [2006] EWCA Civ 327). Dinanzi alla House of Lords, il Segretario di Stato aveva sostenuto una nuova tesi, secondo cui, in virtù delle......
  • The Fate of Public International Law: Between Technique and Politics
    • United Kingdom
    • Wiley The Modern Law Review No. 70-1, January 2007
    • 1 January 2007
    ...the applicationof Hilal Abdul-RazzaqAli Al-Jedda)vSecretaryof State for DefenceJudg-ment of12 August 2005, Case NoCO/3673/2005, [2005]EWHC 1809(Admin) at [104].The Fate of Public International Law6r2007 The Author.Journal Compilation r2007 The Modern LawReview Limited.(2007) 70(1)MLR mental......

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