Grušić, Uglješa;
(2024)
The Law Governing United Kingdom Government Tort Liability in the 'War On Terror'.
International and Comparative Law Quarterly
10.1017/S0020589324000344.
(In press).
Preview |
Text
Grusic, The Law Governing United Kingdom Government Tort Liability in the War on Terror.pdf - Published Version Download (277kB) | Preview |
Abstract
This article discusses the United Kingdom Supreme Court judgment in Zubaydah v Foreign, Commonwealth and Development Office, which addressed the law governing the tort liability of the United Kingdom Government for its alleged complicity in the claimant's arbitrary detention and torture overseas by the Central Intelligence Agency. In holding that English law applied, the Court departed from previous case law by giving decisive weight to public law factors in its choice-of-law reasoning. This decision arguably heralds a greater role for English law in relation to tort claims brought by overseas victims of allegedly wrongful exercises of British executive authority as a mechanism for achieving executive accountability, controlling abuse of power, ensuring the rule of law and providing victims access to remedy.
Type: | Article |
---|---|
Title: | The Law Governing United Kingdom Government Tort Liability in the 'War On Terror' |
Open access status: | An open access version is available from UCL Discovery |
DOI: | 10.1017/S0020589324000344 |
Publisher version: | https://doi.org/10.1017/S0020589324000344 |
Language: | English |
Additional information: | Copyright © The Author, 2024. Published by Cambridge University Press on behalf of British Institute of International and Comparative Law. This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution and reproduction, provided the original article is properly cited. |
Keywords: | private international law, conflict of laws, choice of law, tort, central government, the Crown, liability, complicity, war on terror, Zubaydah v Foreign, Commonwealth and Development Office |
UCL classification: | UCL UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
URI: | https://discovery.ucl.ac.uk/id/eprint/10201273 |



1. | ![]() | 5 |
2. | ![]() | 3 |
3. | ![]() | 1 |
Archive Staff Only
![]() |
View Item |