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R (Campaign Against Arms Trade) v. Secretary of State for International Trade (Amnesty International and Others intervening)

United Kingdom, England.  10 July 2017 ; 20 June 2019 .

Published online by Cambridge University Press:  01 January 2021

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Economics, trade and finance — UK Export Control Act 2002 — 1998 EU Code of Conduct on Arms Exports — European Council Common Position 2008/944/CFSP — Whether Criterion 2(c) triggered by Saudi Arabia conduct of hostilities in Yemen

Relationship of international law and municipal law — International humanitarian law — Requirement that licences for arms sales not be granted by United Kingdom if clear risk that items will be used to commit serious violations of IHL — Obligation of decision-maker to carry out sufficient inquiry to assess prospective risk — Whether court could intervene to override finely balanced determination by the executive

War and armed conflict — Mixed international and internal armed conflict — International humanitarian law — Conflict in Yemen — Whether Saudi Arabia in breach of IHL obligations — Consequences of non-compliance with IHL on licensing of arms sales from United Kingdom to Saudi Arabia — Rationality standard to assess whether clear risk of non-compliance with IHL obligations in the future — Whether rational to dismiss evidence from external agencies pointing to breaches of IHL violations by Saudi Arabia — Whether “serious violations” synonymous with “war crimes” and “grave breaches” — The law of England

Case Report
© Cambridge University Press 2020

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