Targeting and Detention in Non-International Armed Conflict: Serdar Mohammed and the Limits of Human Rights Convergence

(2015) 91 International Law Studies 60–118

60 Pages Posted: 31 Jan 2015 Last revised: 4 Feb 2015

See all articles by Sean Aughey

Sean Aughey

11KBW

Aurel Sari

Law School, University of Exeter

Date Written: February 3, 2015

Abstract

In recent years, the United Kingdom has seen a steady flow of legal challenges arising out of its involvement in the armed conflicts in Afghanistan and Iraq. Among these, the case of Serdar Mohammed, decided by the English High Court in May 2014, is of particular interest because of its wider implications. In essence, the High Court’s judgment in Mohammed questions the existence of a legal basis under the law of armed conflict for the conduct of status-based operations in non-international armed conflicts. This article demonstrates that the restrictive approach adopted by the High Court in Mohammed is mistaken as a matter of law and undesirable as a matter of policy. In short, Mohammed drives the convergence between international human rights law and the law of armed conflict too far.

Keywords: law of armed conflict, international human rights law, detention, targeting, ECHR

Suggested Citation

Aughey, Sean and Sari, Aurel, Targeting and Detention in Non-International Armed Conflict: Serdar Mohammed and the Limits of Human Rights Convergence (February 3, 2015). (2015) 91 International Law Studies 60–118. Available at SSRN: https://ssrn.com/abstract=2558158

Sean Aughey

11KBW ( email )

11 King's Bench Walk
Temple, EC4Y 7EQ
United Kingdom
+44 (0)20 7632 8500 (Phone)

HOME PAGE: http://www.11kbw.com/barristers/profile/sean-aughey

Aurel Sari (Contact Author)

Law School, University of Exeter ( email )

Amory Building
Rennes Drive
Exeter, EX4 4RJ
United Kingdom
+44 (0)1392 725608 (Phone)

HOME PAGE: http://www.aurelsari.co.uk/

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