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Regina (Freedom and Justice Party and Others) v. Secretary of State for Foreign and Commonwealth Affairs and Another

United Kingdom, England.  05 August 2016 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Diplomatic relations — Special missions — Immunity and inviolability from criminal jurisdiction — Customary international law — State agreeing to receive special mission — Whether customary international law requiring that State secure inviolability and immunity from criminal jurisdiction of members of special mission — Nature of immunity — Whether operation of such immunity restricted to official acts

Relationship of international law and municipal law — Customary international law — Whether domestic constitutional principles providing bar or impediment to a judge giving effect to customary international law — Whether existence of UN Convention on Special Missions, 1969 precluding courts from recognizing a rule of custom on same subject matter — Whether unresolved uncertainties in scope and field of application of customary rule providing a reason for declining to give effect to the rule at common law — Whether recognizing a rule of immunity for members of special missions was inconsistent with Section 134 of the Criminal Justice Act 1988

Treaties — UN Convention on Special Missions, 1969 — Whether UN Convention on Special Missions representing a codification of customary international law regarding special missions

Human rights — Bill of Rights 1689 — Whether recognition of a rule of customary international law granting immunity from criminal prosecution of torture violating Bill of Rights

Comity — Special mission immunity — Whether special mission immunity a matter of law or comity — The law of England

Type
Case Report
Copyright
© Cambridge University Press 2011

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