Hostname: page-component-cd9895bd7-7cvxr Total loading time: 0 Render date: 2024-12-23T23:57:30.354Z Has data issue: false hasContentIssue false

Rahmatullah v. Secretary of State for Foreign and Commonwealth Affairs and Secretary of State for Defence (No 2)

United Kingdom, England.  23 February 2012 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

War and armed conflict — Detainees — Protected persons — Civilians — Prisoners of war — Transfer by Detaining Power to another State — Conditions of transfer — Geneva Conventions III and IV — Memoranda of Understanding — Whether Detaining Power entitled to require return of detainee — Applicant captured in Iraq in 2004 by United Kingdom — Transfer to United States custody — Applicant taken to Afghanistan — Whether sufficiently in control of United Kingdom authorities — Habeas corpus — United States authorities refusing to return applicant to United Kingdom

Relationship of international law and municipal law — Conduct of foreign relations — Justiciability — Person detained by United States following transfer by United Kingdom — Whether writ of habeas corpus could issue in United Kingdom — Whether refusal of United States to return applicant making further proceedings futile — The law of England

Type
Case Report
Copyright
© Cambridge University Press 2012

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)