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Duty to detain civilians for security does not override ECHR obligations

Published:

Re: Iraqi Civilians v Ministry of Defence [2014] EWHC 3686 (QB)

Although United Kingdom forces had been under a duty pursuant to Security Council resolutions 1483 and 1511 to detain individuals where necessary for imperative reasons of security, that duty did not override their obligations under the ECHR, art 5.

Richard Hermer QC was involved in this case.