Al-Jedda, R (on the application of) v Secretary of State for Defence [2006] EWCA Civ 327 (29 March 2006)

Al-Jedda, R (on the application of) v Secretary of State for Defence [2006] EWCA Civ 327 (29 March 2006)

The Court held that UN Security Council Resolution 1546, as a binding obligation under the UN Charter, qualified and prevailed over the rights contained in Article 5(1) ECHR by operation of Article 103 of the Charter. Therefore, Mr Al-Jedda was not entitled to the protection of Article 5(1) in respect of his detention by British forces in Iraq. The Human Rights Act 1998 did not create enforceable rights in this context, and English common law did not apply so as to render the detention unlawful.

Citation
[2006] EWCA Civ 327
Parties
Claimant/appellant: Hilal Abdul-Razzaq Ali Al-Jedda; Defendant/respondent: Secretary of State for Defence
Jurisdiction
England and Wales
Judgment Date
29 March 2006
Procedural Posture
Judicial Review / Appeal From Divisional Court to Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Detention by British Forces Abroad, Article 5 ECHR (right to Liberty), Effect of UN Security Council Resolutions, Application of Human Rights Act 1998 Extraterritorially, International Humanitarian Law, Choice of Law in Tort, Common Law Rights
Public Law Human Rights Law International Law Military Law Detention by British Forces Abroad Article 5 ECHR (right to Liberty) Effect of UN Security Council Resolutions Application of Human Rights Act 1998 Extraterritorially +3 more

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Parties

Hilal Abdul-Razzaq Ali Al-Jedda

Claimant/appellant

Secretary of State for Defence

Defendant/respondent

Procedural Posture

Judicial Review / Appeal From Divisional Court to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the detention of Mr Al-Jedda by British forces in Iraq was lawful under international and domestic law
  2. 2 Whether UN Security Council Resolution 1546 qualified or displaced rights under Article 5 ECHR
  3. 3 Whether the Human Rights Act 1998 created free-standing rights enforceable in the UK courts in this context

Ratio Decidendi

The Court held that UN Security Council Resolution 1546, as a binding obligation under the UN Charter, qualified and prevailed over the rights contained in Article 5(1) ECHR by operation of Article 103 of the Charter. Therefore, Mr Al-Jedda was not entitled to the protection of Article 5(1) in respect of his detention by British forces in Iraq. The Human Rights Act 1998 did not create enforceable rights in this context, and English common law did not apply so as to render the detention unlawful.

Court Disposition

Appeal dismissed

Orders

  • Mr Al-Jedda's application for judicial review is dismissed.
  • No order for release or return to the United Kingdom.