On 17 January 2017, the U.K. Supreme Court (the Supreme Court) handed down three exceptionally significant decisions on allegedly tortious acts done by British Armed Forces in the context of overseas military operations or by government officials alleged to have been complicit in the wrongful acts done by foreign States. Each of the three decisions dealt with important questions of law such as State immunity, the “Foreign Act of State” doctrine, the “Crown Act of State” doctrine as well as the compatibility of overseas detentions with Article 5 of the European Convention of Human Rights (ECHR).
The three decisions at issue are: (i) Rahmatullah (No 2) e.a. v. Ministry of Defence; (ii) Al-Waheed and Serdar Mohammed v. Ministry of Defence; and (iii) Belhaj e.a. v. Straw e.a.READ MORE