In the Shadow of Lord Haw Haw: Guantánamo Bay, Diplomatic Protection and Allegiance

Public Law, 2011

33 Pages Posted: 4 Dec 2010 Last revised: 3 Oct 2019

See all articles by C. R. G. Murray

C. R. G. Murray

Newcastle University - Newcastle Law School

Date Written: December 2, 2010

Abstract

The assessment of the individual’s right to request diplomatic protection in English law in the Court of Appeal decisions in Abbasi and Al Rawi, involving detainees held in Guantánamo Bay, focused upon whether the Crown’s refusal to make formal representations to the United States Government for the claimants’ release breached their human rights. This article reassesses the dismissal of these claims in light of the correlation between allegiance and protection underpinning the law of treason, and in particular in light of the extended concept of allegiance recognized by the House of Lords in Joyce v DPP. If the British residents who were detained in Guantánamo Bay owed the same degree of allegiance to the Crown as British nationals, the government should have extended diplomatic protection to both groups on an equal basis.

Keywords: Allegiance, Diplomatic Protection, Treason, Legitimate Expectations, Discrimination

Suggested Citation

Murray, C. R. G., In the Shadow of Lord Haw Haw: Guantánamo Bay, Diplomatic Protection and Allegiance (December 2, 2010). Public Law, 2011, Available at SSRN: https://ssrn.com/abstract=1718987 or http://dx.doi.org/10.2139/ssrn.1718987

C. R. G. Murray (Contact Author)

Newcastle University - Newcastle Law School ( email )

Newcastle upon Tyne, NE1 7RU
United Kingdom

HOME PAGE: http://www.ncl.ac.uk/nuls/staff/profile/colin.murray

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
199
Abstract Views
1,223
rank
221,998
PlumX Metrics