International Human Rights Law

The majority of our caseload is in the area of international human rights law. We act for and advise individuals and groups from around the world on human rights issues in areas such as trading in arms, including cluster munitions, contrary to international law, non-discrimination, nuclear weapons.

PIL is currently acting in the case of Al Skeini on behalf of Iraqi civilians who were tortured, in some cases to death, and killed during the occupation of Iraq. We argue that their rights under Articles 2 (the right to life) and 3 (the prohibition against torture) ECHR were breached and the Government is therefore obliged to hold an independent inquiry into their treatment. We have already achieved partial and significant victories at the High Court and the Court of Appeal, which found that the Human Rights Act applies in situations where an individual is under the control of a British authority, in this case, the military. The House of Lords will hear the appeal in April 2007.

PIL is also acting for a dual British and Iraqi citizen, Hilal Al Jedda, interned in Iraq since October 2004. The Government argues that Mr Al Jedda’s right to liberty under Article 5 ECHR is displaced by the applicable regime in Iraq at the time of his arrest, under UN Resolution 1546. The Divisional Court, despite finding that this was a startling proposition, found in the Government’s favour, as did the Court of Appeal in March of this year. Mr Al Jedda’s appeal will be heard at the House of Lords in 2007.

PIL acts for two mothers of British soldiers that were killed while serving in Iraq who have brought a case against the Prime Minister, the Attorney General and the Secretary of State for Defence that the war was unlawful and, accordingly, in breach of their sons’ right to life under Article 2 ECHR. Their case will be heard for three days in the Court of Appeal from 6 to 8 November. If their case is successful the Government will be obliged to hold an independent inquiry into the events leading up to the decision to go to war in Iraq.

PIL has recently been granted funding to bring a case on behalf of Palestinian civilians who have lost their livelihoods as a result of Israeli oppression and, in particular, the building of the Partition Wall. We intend to argue that the UK is in breach of its own Consolidated Criteria in granting export licences for the sale of weapons to Israel, contrary to the advisory opinion of the International Court of Justice The Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory.

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