Regina (Khan) v. Secretary of State for Foreign and Commonwealth Affairs

Abstract

Jurisdiction — Justiciability — Agency of United Kingdom providing locational intelligence to United States authorities for use in drone strikes — UK Agency under responsibility of Secretary of State — Claimant seeking declaration that UK Agency employees might be guilty of assisting or encouraging crime under English law or ancillary to war crime and/or crime against humanity — Whether claimant effectively seeking advisory opinion — Whether issues justiciable — Whether declaratory relief entailing condemnation of United States activities — Whether United Kingdom sitting in judgment on acts of a foreign State — Whether any exceptional circumstances

Governments — United Kingdom Government — United States Government — Conduct and responsibilities of United Kingdom Agency, General Communications Headquarters — United States Central Intelligence Agency — UK Agency under responsibility of Secretary of State — Claimant requesting clarification of UK policies and practices concerning provision of locational intelligence to US agents for potential use in drone attacks — UK policy to “neither confirm nor deny” matters where disclosure could compromise national interests — Claimant seeking permission to apply for judicial review of Secretary of State’s “decision” to provide intelligence for use in drone strikes

International criminal law — Terrorism — Counter-terrorism measures — Drone strikes — Locational intelligence sharing — Defence of combatant immunity — Relevance — Principal and secondary criminal liability — Whether UK Agency employees might be guilty of assisting or encouraging crime under English law or ancillary to war crime and/or crime against humanity — Serious Crime Act 2007 — International Criminal Court Act 2001

War and armed conflict — Drone strikes in Pakistan killing civilians — United Kingdom providing locational intelligence to United States for potential use in drone strikes — Claimant seeking judicial review of decision to provide intelligence — National security concerns — The law of England