Journal Article

Conflicting International Obligations and the Risk of Torture and Unfair Trial

Nehal C. Bhuta

in Journal of International Criminal Justice

Volume 7, issue 5, pages 1133-1147
Published in print November 2009 | ISSN: 1478-1387
Published online December 2009 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqp067
Conflicting International Obligations and the Risk of Torture and Unfair Trial

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This article reviews the decisions of UK courts in a case concerning two Iraqi detainees in British military custody who sought to restrain their transfer to Iraqi custody. The detainees claimed that the transfer would violate certain obligations owed to them by the UK under the European Convention on Human Rights (ECHR), including the prohibition on torture and the right to a fair trial. The article argues that the case presented novel and complex legal questions for resolution, including whether there was a conflict between the UK's obligations under the ECHR and its obligation to respect Iraqi sovereign jurisdiction over its own nationals on its own territory. It is concluded that important elements of the UK courts’ reasoning were less than satisfactory.

Journal Article.  7414 words. 

Subjects: Criminal Law ; International Law

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