Rahmatullah v. Secretary of State for Foreign and Commonwealth Affairs and Secretary of State for Defence (No I) ([2011] EWCA Civ 1540)

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

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

Treaties — Memorandum of Understanding — Whether binding — Relationship with binding provisions in treaty — The law of England