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In the Shadow of Lord Haw Haw: Guantánamo Bay, Diplomatic Protection and Allegiance
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The Court of Appeal decisions in
, involving detainees held in Guantánamo Bay, assess the individual’s right to request diplomatic protection in English law. The cases focused upon whether the British government’s refusal to make formal representations to the United States for the claimants’ release breached their human rights. This article reassesses the dismissal of these claims in light of the correlation between allegiance and protection underpinning the law of treason, and in particular in light of the extended concept of allegiance recognised by the House of Lords in
. As the British residents who were detained in Guantánamo Bay owed the same degree of allegiance to the Crown as British nationals, this article argues that government should have extended diplomatic protection to both groups on an equal basis.
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