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R (on the Application of Gentle and Clarke) v. Prime Minister, Secretary of State for Defence and Attorney-General

United Kingdom, England.  12 December 2006 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Relationship of international law and municipal law — In general — Whether rights arising between States on plane of international law enforceable in municipal courts — Treaties — Charter of the United Nations — Resolutions of United Nations Security Council — Justiciability in English courts — Military action in Iraq in 2003 — Whether lawful — Whether legality of conflict justiciable in English courts — Whether decisions regarding foreign policy subject to judicial review

War and armed conflict — Resort to force — Enforcement action — Military action in Iraq in 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 English courts

Human rights — Right to life — European Convention on Human Rights, 1950, Article 2 — Positive obligation of States to safeguard right to life — Deaths of British soldiers in Iraq — Whether Article 2 imposes an obligation on government not to become involved in unlawful military conduct — Whether legality of military conduct justiciable in English courts — The law of England

Type
Case Report
Copyright
© Cambridge University Press 2008

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