Abstract

This comment examines the main implications of the Al-Jedda case decided by the House of Lords in December 2007. The case was brought by a dual Iraqi-British citizen detained at a British military detention facility in Iraq for imperative reasons of security. Mr Al-Jedda claimed that his detention violated his right to liberty and security of person recognised by Article 5 of the European Convention on Human Rights. The House of Lords found that the relevant Security Council resolution authorising British forces to operate in Iraq displaced Article 5 of the Convention to the extent that a conflict arose between the two instruments, and that his detention was consequently lawful.

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