The Freedom And Justice Party & Ors, R (On the Application Of) v The Secretary of State for Foreign and Commonwealth Affairs & Anor (Rev 2) [2018] EWCA Civ 1719 (19 July 2018)

The Freedom And Justice Party & Ors, R (On the Application Of) v The Secretary of State for Foreign and Commonwealth Affairs & Anor (Rev 2) [2018] EWCA Civ 1719 (19 July 2018)

There exists a clear rule of customary international law requiring a state which has agreed to receive a special mission to secure, for the duration of the mission, the personal inviolability and immunity from criminal jurisdiction of its members. This rule is recognised and forms part of the common law of England and Wales. The evidence of state practice, opinio juris, and juristic opinion is sufficient and representative. The appeal is dismissed.

Citation
[2018] EWCA Civ 1719
Parties
Appellants: The Freedom and Justice Party and Ors, Yehia Hamed; First Respondent: The Secretary of State for Foreign and Commonwealth Affairs; Second Respondent: The Director of Prosecutions; Interested Party: The Commissioner of Police for the Metropolis; Intervener: Amnesty International; Intervener: Redress
Jurisdiction
England and Wales
Judgment Date
19 July 2018
Procedural Posture
Judicial Review (administrative Law) / Appeal From Divisional Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Customary International Law, Diplomatic Immunity, Special Missions, State Immunity, Criminal Jurisdiction, Treaty Law
International Law Public Law Diplomatic Law Customary International Law Diplomatic Immunity Special Missions State Immunity Criminal Jurisdiction +1 more

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Parties

The Freedom and Justice Party and Ors, Yehia Hamed

Appellants

The Secretary of State for Foreign and Commonwealth Affairs

First Respondent

The Director of Prosecutions

Second Respondent

The Commissioner of Police for the Metropolis

Interested Party

Amnesty International

Intervener

Redress

Intervener

Procedural Posture

Judicial Review (administrative Law) / Appeal From Divisional Court to Court of Appeal

Legal Issues

  1. 1 Whether customary international law requires the UK to grant core immunities (personal inviolability and immunity from criminal proceedings) to members of special missions accepted as such by the UK.
  2. 2 Whether such immunities are recognised by the common law of England and Wales.

Ratio Decidendi

There exists a clear rule of customary international law requiring a state which has agreed to receive a special mission to secure, for the duration of the mission, the personal inviolability and immunity from criminal jurisdiction of its members. This rule is recognised and forms part of the common law of England and Wales. The evidence of state practice, opinio juris, and juristic opinion is sufficient and representative. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The judgment of the Divisional Court is upheld.