Al Rabbat v Westminster Magistrates' Court

Al Rabbat v Westminster Magistrates' Court

There is no crime of aggression under the law of England and Wales; the decision in R v Jones is binding and correct; there is no prospect of the Supreme Court departing from Jones; permission for judicial review is refused.

Source-derived case information.

Parties
Claimant: General Abdulwaheed Shannan Al Rabbat; Defendant: Westminster Magistrates’ Court; Interested Party: The Rt Hon Tony Blair; Interested Party: The Rt Hon Jack Straw; Interested Party: The Rt Hon The Lord Goldsmith; Intervener: HM Attorney General
Jurisdiction
England and Wales
Judgment Date
31 July 2017
Procedural Posture
Judicial Review / Application for Permission to Bring Judicial Review
Outcome
Permission for judicial review refused
Legal Topics
Crime of Aggression, Customary International Law, Incorporation of International Crimes, Judicial Review, Parliamentary Sovereignty
Criminal Law International Law Constitutional Law Crime of Aggression Customary International Law Incorporation of International Crimes Judicial Review Parliamentary Sovereignty

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Summary, issues, holding and outcome

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Parties

General Abdulwaheed Shannan Al Rabbat

Claimant

Westminster Magistrates’ Court

Defendant

The Rt Hon Tony Blair

Interested Party

The Rt Hon Jack Straw

Interested Party

The Rt Hon The Lord Goldsmith

Interested Party

HM Attorney General

Intervener

Procedural Posture

Judicial Review / Application for Permission to Bring Judicial Review

Legal Issues

  1. 1 Whether the crime of aggression is an offence under the law of England and Wales
  2. 2 Whether the Supreme Court should be invited to depart from R v Jones (Margaret) [2007] 1 AC 136
  3. 3 Whether permission for judicial review should be granted to challenge the refusal to issue a summons for private prosecution

Ratio Decidendi

There is no crime of aggression under the law of England and Wales; the decision in R v Jones is binding and correct; there is no prospect of the Supreme Court departing from Jones; permission for judicial review is refused.

Court Disposition

Permission for judicial review refused

Orders

  • Permission to bring judicial review proceedings is refused