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Wednesday, August 10, 2016
Volume:
30
Issue:
8
Abstract:
On May 2nd, 2014, the High Court of England and Wales, per Justice Leggatt, delivered a comprehensive judgment in Serdar Mohammed v. Ministry of Defense, holding that the United Kingdom lacks detention authority under international humanitarian law/law of armed conflict with regard to individuals it captures in the course of the non-international armed conflict in Afghanistan, and that any detention of such individuals longer than 96 hours violates Article 5 ECHR, as well as relevant Afghan law.[2]