Mohammed v. MOD

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Just Security

Assessing Serdar Mohammed through the Prism of Derogation and Detention

Last week the High Court of England and Wales, per Mr Justice Leggatt, delivered a comprehensive judgment in Serdar Mohammed v. Ministry of Defence [2014] EWHC 1369 (QB). The case…
Just Security

Letter to the Editor from Gabor Rona, Mohammed v. Ministry Defense and the ICRC’s Position

I don’t know if the ICRC will make any attempt to clarify its position, but I think the Court in Serdar Mohammed is wrong to suggest that the ICRC believes there is inherent…
Just Security

Interrogation-Based Detentions and the Law of Armed Conflict: What Mohammed v. Ministry of Defense Didn’t Have to Say

I am working on a post that dives into the core issue in Mohammed v. Ministry of Defense (MOD)—whether the law of armed conflict (LOAC) permits security-based detentions in non-international…
Just Security

Does IHL Need Human Rights Law?: The Curious Case of NIAC Detention

As Ryan noted last week, the United Kingdom’s High Court ruled in Serdar Mohammed v. Ministry of Defense that the United Kingdom’s 110-day detention of a suspected Taliban…
Just Security

Does IHL Authorize Detention in NIACs?

As Ryan recently reported, the United Kingdom’s High Court of Justice has issued an important ruling in Serdar Mohammed v. Ministry of Defense. The Court ruled that the long…
Just Security

Mini Forum on UK High Court Ruling British Forces Lack Detention Authority in Afghanistan

On May 2, the High Court of England and Wales handed down a judgment in Serdar Mohammed v. Ministry of Defense (full text). Mr. Justice Leggatt held that British forces lacked…
Just Security

United Kingdom’s High Court: Long-term detentions in Afghanistan illegal

On Friday the United Kingdom’s High Court, in the case of Serdar Mohammed v. Ministry of Defense (full text), handed down a judgment holding that the 110-day detention of a…
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