Aliens — Immigration and deportation — Alien suspected of terrorist activity — Whether subject to deportation — Whether liable to detention if deportation not practicable — Discrimination — Objective differences between aliens and nationals — Whether justifying differences in treatment — Customary international law regarding detention of aliens in time of war and national emergency

Human rights — Right to liberty — Discrimination — Detention of aliens suspected of involvement in terrorism — Detention limited to persons who cannot be deported — Whether discriminatory — European Convention on Human Rights, 1950, Article 15(1) — Extent of right to derogate from Convention — Notice of derogation — Nature of public emergency threatening the life of the nation — Whether measures taken strictly required by the exigencies of the situation — Other human rights treaties

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Human Rights Act 1998 — Whether right to derogate more limited under Act than under Convention — Customary law — Application by national courts

Terrorism — Definition — Anti-terrorism, Crime and Security Act 2001 — Terrorism as threat to international peace and security — Role of the courts in controlling executive and legislative action in the field of terrorism — The law of England

Human rights — Right to a fair trial — Appellants certified and detained by Home Secretary under Sections 21 and 23 of Anti-terrorism, Crime and Security Act 2001 — Appeal to Special Immigration Appeals Commission under Section 25 of the Act — Rule 44(3) of the Special Immigration Appeals Commission (Procedure) Rules 2003 — Admissibility of evidence obtained by third country by torture without complicity of British authorities — English common law — European Convention on Human Rights, 1950 — International Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, 1984, Article 15 — Principles of public international law

Human rights — Prohibition of torture — English common law — European Convention on Human Rights, 1950, Article 3 — Torture Convention, 1984 — Absolute prohibition — Peremptory norm of general international law — Admissibility of evidence obtained abroad by torture — Torture Convention, 1984, Article 15 — Exclusionary rule — Relevance of terrorism — Different use of information by executive and judiciary — Whether exclusionary rule applicable in proceedings before Commission — Burden of proof — The law of England

Human rights — Right to liberty — Internment without trial — Iraq — Multi-National Force authorized to intern terrorist suspect without trial — Internment carried out by British contingent — Whether compatible with Article 5 of European Convention on Human Rights — Relationship between European Convention and international law in general — Whether subject to effect of United Nations Charter, Article 103 — Whether Security Council resolution authorizing detention

International organizations — United Nations — Security Council — Decisions taken under Chapter VII of the United Nations Charter — Whether creating legal obligations for States — Resolution authorizing use of all necessary means — Letters annexed to resolution referring to internment — Whether internment authorized by Security Council — Iraq — Resolution 1546 (2004) — Whether resolution engaging Article 103 of the United Nations Charter — Whether States taking up authorization under an obligation to use powers — Interpretation of Security Council resolutions

Relationship of international law and municipal law — Treaties — United Nations Charter — Article 103 — Whether part of English law — Whether capable of overriding rights under English law — Whether decision of United Nations Security Council effective in English law — European Convention on Human Rights — Human Rights Act 1998 — Whether Act creating rights broader than those under the Convention

Treaties — Conflicting obligations — Priority — United Nations Charter, Article 103 — Scope and effect — Whether applicable to obligations under human rights treaties — Whether applicable to jus cogens norms

War and armed conflict — Occupation — Iraq — End of occupation — Powers of belligerent occupant — Internment — Whether extending to individuals who were not protected persons — Fourth Geneva Convention, 1949 — Concept of protected person — Powers to intern — Procedure — Hague Regulations respecting the Laws and Customs of War on Land, 1907 — Whether declaratory of customary international law — Powers and duties of occupant — Security Council resolution 1546 (2004) regarding the post-occupation regime in Iraq — Relationship to occupation law — The law of England

Human rights — Right to liberty — Detention without trial — Enemy combatant — United States citizen detained on United States territory under Presidential order classifying him as enemy combatant — Whether lawful — Jurisdiction of United States courts

War and armed conflict — Terrorism — Attacks on United States on 11 September 2001 — Whether giving rise to war — Powers of wartime detention — Whether United States citizen liable to detention in United States as enemy combatant — The law of the United States

Aliens — Detention — Right to challenge legality of detention — Whether possessing the same entitlement to challenge detention as United States citizens — Persons detained as enemy combatants

Human rights — Right to liberty — Detention without trial — Enemy combatants — Whether entitled to challenge the basis for their detention — Detainees at Guantánamo Bay — Whether United States courts possessing jurisdiction to grant habeas corpus — Whether distinction between detainees possessing United States citizenship and those with foreign nationality

Territory — Leases — Guantánamo Bay — Territory leased to the United States by Cuba for use as a naval base — Status — Whether to be equated to United States territory for purposes of exercising statutory habeas corpus jurisdiction

War and armed conflict — Enemy combatants — Detention — Whether entitled to challenge legal basis of detention — The law of the United States

Human rights — Right to liberty — Detention without trial — Enemy combatant — United States citizen detained on United States territory under Presidential order classifying him as enemy combatant — Whether lawful — Jurisdiction of United States courts

War and armed conflict — Terrorism — Attacks on United States on 11 September 2001 — Whether giving rise to war — Powers of wartime detention — Whether United States citizen liable to detention in United States as enemy combatant — The law of the United States

War and armed conflict — Armed conflict — Definition — Conflict not of an international character — “War against terrorism” — Whether governed by common Article 3 of the Geneva Conventions, 1949

War and armed conflict — War crimes — Trials of combatants — Guarantees in Geneva Conventions — Common Article 3 — Extent of application in absence of international conflict — Content of protection — Meaning of “regularly constituted court” — Meaning of “judicial guarantees recognised as indispensable by civilised peoples” — Whether United States military commissions meeting these standards

Relationship of international law and municipal law — Treaties — Customary international law — Laws of war — Powers of President in respect of trials of combatants — Scope — Extent to which subject to international law — The law of the United States of America

Human rights — Right to liberty — Detention without trial — Enemy combatant — Detention of aliens at Guantánamo Bay Naval Base — Whether lawful — Habeas corpus jurisdiction — Jurisdiction of United States courts — Classification of detainees as enemy aliens — Whether appropriate — Whether United States courts possessing powers of review

Territory — Leases — Guantánamo Bay — Territory leased to United States by Cuba for use as a naval base — Detention facility at Guantánamo Bay — Status of Guantánamo Bay — Whether United States territory — Whether United States possessing de facto sovereignty — Whether detention at Guantánamo Bay to be equated to detention in the United States — Whether within the habeas corpus jurisdiction of the United States courts

War and armed conflict — Terrorism — Attacks on United States on 11 September 2001 — Whether giving rise to war — Powers of wartime detention — The law of the United States