Regina (Nour) v. Secretary of State for Defence

Abstract

War and armed conflict — International humanitarian law — Human rights law — Domestic legal obligations of State when providing training and assistance to foreign armed forces — Whether serious risk that training and assistance might directly or significantly contribute to violation of human rights/international humanitarian law — Duty to carry out appropriate assessment — Whether assessment irrational — Whether justiciable in English courts

Human rights — Non-justiciability — Acts of executive — Foreign relations — Courts’ power of review — Whether reputational damage may be caused to State when providing training and assistance to foreign armed forces — Duty to carry out lawful assessment — Whether subject to judicial review — The law of England