Type: Judgment

Authority: National Courts United Kingdom Supreme Court

Date: 01/17/2017

Subject: The decxision of the United Kingdom Supreme Court establishes that foreign nationals, complaining for the violation of rights committed by the English army in Iraq, cannot lodge claims against the English Government before United Kingdom courts, in the light of the Crown act of state doctrine, which protects the Government prerogative of acts committed by the State – as military actions abroad; the claim for compensation against the English Government for the consequences of such actions may only be lodged through diplomatic channels or one’s own Government;

Parties: Rahmatullah (No 2) (Respondent) v Ministry of Defence and another (Appellants) Mohammed and others (Respondents) v Ministry of Defence and another (Appellants)

Classification: Freedoms - Art. 6 Personal liberty - Personal security - Justice - Art. 47 Right to an effective remedy before a tribunal - Fair trial, public hearing

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