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Secretary of State for Foreign and Commonwealth Affairs and Others Vs. ...

Court : UK Supreme Court

..... sometimes put, a case of "putative illegal detention". that case, ms lieven contended, rested on the clear violations of articles 45 and 49 of gc4 constituted by mr rahmatullah's continued detention. mr eadie remained somewhat reserved on the issue. he suggested that the question of whether mr rahmatullah fell within the protection of the geneva conventions was ..... the english courts should entertain an application which would otherwise have no real or substantial connection with this jurisdiction. secondly, like lord phillips, i would wish to reserve my opinion as to what he has described as the unexplored issue: as i would put it, the implications of the fact that there was no suggestion that ..... object of this judgment is to make it plain that, despite the result of this appeal, so far as i am concerned they remain unresolved. subject to this reservation i would, for the reasons given by lord kerr, dismiss the appeal and the cross-appeal. lord reed 108. i agree that the appeal at the instance .....