Mohammed v. MOD

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19 Articles

UK Supreme Court Judgment on Extra-Territorial Detention in Iraq and Afghanistan

Today, the UK Supreme Court gave judgment (full text) in the joined appeals of Al Waheed v Ministry of Defence and Serdar Mohammed v Ministry of Defence (in which I represented…

UK Supreme Court Issues Two Major Decisions—On cooperation with CIA interrogations and on military detention

On Tuesday, the UK Supreme Court issued two important judgments, which will affect the power of the British government to carry out certain national security policies and, in turn,…
Just Security

A Quick Update on Serdar Mohammed v. Ministry of Defence

Earlier this month, the UK Supreme Court held oral argument in Serdar Mohammed v. Ministry of Defence, a crucial case concerning the legality of British detention policy in Afghanistan.…
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Armed Opposition Groups’ Courts: Challenging the Lawfulness of Detentions in Light of the Serdar Mohammed Appeals Judgment

Much has already been written on the authority to detain in non-international armed conflicts (NIACs) (see here, here, and here for recent posts). So much so, in fact, that it…
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The Reason Why the UK Lost the Serdar Mohammed Case

The United Kingdom Court of Appeal handed down its judgment in Serdar Mohammed v. Ministry of Defense last Thursday. The decision, which assessed the lawfulness of the 110-day…
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UK Court Invalidates British Forces’ Afghan Detention Program

Today, the United Kingdom Court of Appeal handed down its judgement in Serdar Mohammed v Ministry of Defense. A case of great import for British detention policy in Afghanistan,…
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Warfare and “Judicial Imperialism” in the UK

Last month, British think tank Policy Exchange published a report criticizing the rise of “judicial imperialism” in the context of British military operations, titled Clearing…
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The Perverse and Unintended Consequences of Serdar Mohammed v. Defence

An important case in the United Kingdom (Serdar Mohammed v. Defence) and a major statement by the UN Human Rights Committee (General Comment 35) come to the wrong legal conclusion:…
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Authorization vs. Regulation of Detention: What Serdar Mohammed v. MoD Got Right and Wrong

The UK Court of Appeal will soon hear the appeal in Serdar Mohammed v. Ministry of Defense, a highly important case in which the UK High Court held that the long-term detention…
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UK Court of Appeal to assess legality of detentions in Afghanistan

Next week, the United Kingdom Court of Appeal will begin to hear arguments in the government’s appeal against the High Court ruling in Serdar Mohammed v Ministry of Defense.…
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The Limits of the Logic that the Power to Kill includes the Power to Detain

I will soon have a longer post on the UK High Court judgment in Mohammed v. Ministry of Defense, but here I want to consider a specific argument that implicates the authority of…
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Serdar Mohammed: A View onto U.S. Detentions

[Editor’s Note: This post is part of a“mini forum” hosted by Just Security that analyzes different elements of the judgment in Serdar Mohammed v. Secretary of State for…
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