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The assessment of the individual’s right to request diplomatic protection in English law in the Court of Appeal decisions in Abbasi and Al Rawi, involving detainees held in Guantánamo Bay, focused upon whether the Crown’s refusal to make formal representations to the United States Government 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 recognized by the House of Lords in Joyce v DPP. If the British residents who were detained in Guantánamo Bay owed the same degree of allegiance to the Crown as British nationals, the government should have extended diplomatic protection to both groups on an equal basis.
Author(s): Murray C
Publication type: Article
Publication status: Published
Journal: Public Law
Print publication date: 02/12/2010
ISSN (print): 0033-3565
Publisher: Sweet & Maxwell Ltd
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