header-logo header-logo

19 February 2009 / Khawar Qureshi KC
Issue: 7357 / Categories: Features , Public , Human rights , Constitutional law
printer mail-detail

International Rescue

Part two: Khawar Qureshi QC reflects on the growth of public international law in the English courts

In the first part of this series I covered the “sanctions cases” where public international law (PIL) was engaged (see NLJ, 13 February 2009, p 223). In this part, the key cases during 2008 relating to Iraq/Afghanistan, and cases concerning civil sovereign immunity are considered.

 

/ cases

 

Gentle

In R (on the application of Gentle and another) v The Prime Minister and others [2008] UKHL 20 the House of Lords (constituted by nine law lords) was asked by the mothers of two soldiers who died in Iraq (in March 2003 and June 2004 respectively—the latter after the United Nations Security Council had passed a resolution providing legal cover for the coalition forces in Iraq), to determine whether ss 1 and 2 of the Human Rights Act 1998 read together with Art 2 of the European Convention on Human Rights (the Convention) required the UK authorities to establish an independent public inquiry into circumstances

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll