Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Ihl V. Human Rights: The Al Jedda Case And Issues Arriving From An Operational Perspective

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The relationship between human rights law (HRL) and international humanitarian law (IHL) has long been the subject of much scholarly discourse, which, has often been of a somewhat combative nature. This chapter concentrates on one case in which the author was intrinsically involved: The Queen (on the application of Hilal Abdul-Razzaq Ali Al-Jedda) v. Secretary of State for Defence (the Al Jedda case). After setting out the background to the case, the chapter outlines the current interpretation by UK domestic courts of the relationship between IHL, in the form of a UN Security Council (SC) resolution and HRL in the context of the 1949 European Convention on Human Rights (ECHR). The chapter analyses on the legal issues arising from the peace support operation (PSO) rather than the preceding war fighting operation and belligerent occupation?from the time the claimant was detained by UK forces in September 2004 to the present day.

Keywords: Al Jedda case; European Convention on Human Rights (ECHR); human rights law (HRL); international humanitarian law (IHL); peace support operation (PSO); UN Security Council



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Law Enforcement within the Framework of Peace Support Operations — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation