This seminar brings together scholars and practitioners in international human rights law and international humanitarian law to discuss the implications of recent case law on British military detention in Iraq. It has been scheduled to mark the first anniversary of the Alseran case, where it was found that detainees in British military custody in Iraq had suffered inhuman and degrading treatment, and had been unlawfully detained, in breach of Articles 3 and 5 of the European Convention on Human Rights.

The two panels will place the Alseran case in context, with contributions from a former Army Legal Services legal adviser, from Leigh Day about the litigation against the Ministry of Defence, and from scholars on the regulation of detention in armed conflicts, on military training in international humanitarian law, and on the Ministry of Defence’s investigations, in the context of the preliminary examination by the Office of the Prosecutor of the International Criminal Court.

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Event Programme: Sir Joseph Hotung Auditorium

Panel 1: Alseran in Context (11am - 12.30pm)

• 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)

Lunch - 12:30pm-1:15pm

Panel 2: A Critical Assessment of Recent Investigations and Prevention Efforts – 1:30pm-3pm

• Dr Thomas Obel Hansen (University of Ulster) will speak about his recent co-authored discussion paper (with Dr Carla Ferstman and Dr Noora Arajarvi) ‘The UK in Iraq: Efforts and Prospects for Accountability for International Crimes Allegations: A Discussion Paper’ (University of Essex Human Rights Centre; Ulster University Transitional Justice Initiative 2018).
• Dr Elizabeth Stubbins Bates (Merton College, Oxford) will present her research findings on the British Army’s training in international humanitarian law, making predictions for future military operations.
• Chair: Professor Dapo Akande (Oxford Institute for Ethics, Law and Armed Conflict)

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Do I have to bring my printed ticket to the event?

Yes. Please bring photographic I.D. along with a printed copy of your registration confirmation email.

Is there any parking at the venue?

Unfortunately there is no parking available on site. Please inform us if you have any access issues