The Alseran Ruling One Year On; Session 1: Alseran in Context


Listens: 0

Bonavero Institute of Human Rights


On the first anniversary of the Alseran ruling, where it was found that detainees in British military custody in Iraq had suffered inhuman and degrading treatment, and had been unlawfully detained. The Bonavero Institute of Human Rights, together with Leigh Day, hosted a seminar to discuss the implications of recent case law on British military detention in Iraq. Revd Nicholas Mercer (formerly of Army Legal Services) will share his experiences in Iraq at the outset of the war and his thoughts on the judgment in Alseran and Ors v MoD. Dr Melanie Jacques (Leigh Day) will provide an in-depth analysis of Alseran and Ors v MoD and Al-Waheed/Serdar Mohammed (No.2) v MoD, the legal developments leading up to these cases and the legal issues and principles arising from them. Leigh Day represented the Claimants in Alseran and Ors v MoD and Al-Waheed/Mohammed (No.2). Dr Lawrence Hill-Cawthorne (University of Reading) will explore the legal regulation of detention in international armed conflict, belligerent occupation and in non-international armed conflict; and how the procedural protections of Article 5(4) ECHR might be satisfied where IHL also applies. Chair: Professor Liora Lazarus (Head of Research, Bonavero Institute for Human Rights)