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R (Gentle and Clarke) v. Prime Minister, Secretary of State for Defence and Attorney-General
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — Right to life — European Convention on Human Rights, 1950, Article 2 — Substantive and procedural obligations — Relationship between these obligations — Whether State obliged by Article 2 not to commit forces to armed conflict except in accordance with international law — Relationship between European Convention and Charter of the United Nations — Whether procedural obligation under Article 2 entitles relatives of service personnel killed in Iraq to independent investigation into steps taken by Government to determine whether military operation lawful
War and armed conflict — Resort to force — Enforcement action — Military action in Iraq 2003 — Whether lawful — United Nations Security Council resolutions on Iraq — Resolutions 678 (1990), 687 (1991) and 1441 (2002) — Whether legality of use of force justiciable in an English court — Occupation of Iraq — Security Council resolution 1546 (2004) — The law of England
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