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R (Gentle) v Prime Minister (and others)

[2007] QB 689

Case summary last updated at 05/02/2020 11:00 by the Oxbridge Notes in-house law team.

Judgement for the case R (Gentle) v Prime Minister (and others)

Two women whose sons died in Iraq claimed that under article 2 of HRA 1998, which states that a government should not send service personnel to their death for an unlawful reason (rough paraphrase) the investigation into their sons’ deaths ought to have considered whether the war in Iraq was lawful. CA: Questions of international (or any non-English) law are NOT JUSTICIABLE under judicial review.

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