R. (on the application of al-Jedda) (FC) (Appellant) v. Secretary of State (Respondent)

[2007] UKHL 58 (2007)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
R
From our private database of 46,200+ case briefs, written and edited by humans—never with AI.

R. (on the application of al-Jedda) (FC) (Appellant) v. Secretary of State (Respondent)

United Kingdom House of Lords
[2007] UKHL 58 (2007)

Facts

Mr. Al-Jedda—who had dual nationality in Iraq and the United Kingdom (UK)—was detained by British forces in Iraq for terrorism. The British forces were present in Iraq as part of a United Nations (UN) force. Al-Jedda was not charged with any crime or brought before any judicial tribunal. Al-Jedda challenged his continuing detention as a violation of his human rights under Article 5(a) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the convention). The Secretary of State for Defence (defendant) contended that al-Jedda’s detention was proper under Article 103 of the UN Charter. The UN Charter provided that the UN Charter prevailed if there was a conflict between the charter and any other obligations of a member state or any other international agreements. The trial court ruled against al-Jedda, as did the appellate court. Al-Jedda appealed to the House of Lords.

Rule of Law

Issue

Holding and Reasoning (Bingham, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 787,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 787,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 787,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,200 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

International Law

Key Terms