Gentle & Anor, R (on the application of) v Prime Minister & Ors

Gentle & Anor, R (on the application of) v Prime Minister & Ors

Article 2 of the European Convention on Human Rights does not impose an obligation on the United Kingdom to hold an independent inquiry into whether the government took reasonable steps to be satisfied that the invasion of Iraq was lawful under public international law. Such an inquiry would inevitably involve...

Source-derived case information.

Parties
Applicant: Rose Gentle; Applicant: Beverley Clarke; Respondent: The Prime Minister; Respondent: The Secretary of State for Defence; Respondent: The Attorney General
Jurisdiction
England and Wales
Judgment Date
12 December 2006
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Application dismissed
Legal Topics
Article 2 ECHR, Judicial Review, Justiciability, Separation of Powers, Military Operations, Obligation to Investigate Deaths, International Law and Domestic Law Interface
Constitutional Law Human Rights Law Administrative Law International Law Article 2 ECHR Judicial Review Justiciability Separation of Powers +3 more

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Parties

Rose Gentle

Applicant

Beverley Clarke

Applicant

The Prime Minister

Respondent

The Secretary of State for Defence

Respondent

The Attorney General

Respondent

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Does Article 2 of the European Convention on Human Rights require the UK to hold an independent inquiry into the lawfulness of the invasion of Iraq?
  2. 2 Is the decision to send armed forces to Iraq justiciable under domestic law via the Human Rights Act and the Convention?
  3. 3 Does the procedural obligation to investigate deaths under Article 2 extend to the lawfulness of military operations under international law?

Ratio Decidendi

Article 2 of the European Convention on Human Rights does not impose an obligation on the United Kingdom to hold an independent inquiry into whether the government took reasonable steps to be satisfied that the invasion of Iraq was lawful under public international law. Such an inquiry would inevitably involve questions of international law and policy, which are matters for the executive and not the courts. The Convention does not contemplate that an inquiry under Article 2 will consider questions of international law or policy, and the applicants have not demonstrated an arguable breach of the substantive obligation in Article 2.

Court Disposition

Application dismissed

Orders

  • Applications for judicial review are dismissed.
  • No order as to costs below; respondents to pay applicants' costs of the appeal.