War and armed conflict — Detainees — Protected persons — Occupied territory — Civilians — Prisoners of war — Pakistani national arrested by British forces in Iraq during occupation by coalition armed forces — Geneva Convention relative to the Protection of Civilian Persons in Time of War, 1949 — Whether detainee a protected person — Provision regarding nationals of neutral States — Transfer to the United States — Continuing obligations of the United Kingdom — Memorandum of Understanding — Detainee transferred to Afghanistan in breach of Memorandum of Understanding — Whether United Kingdom entitled to require his return — Whether habeas corpus available remedy in United Kingdom courts

Treaties — Non-binding agreements — Memorandum of Understanding — Nature — Significance — Assumption that State will comply with undertakings made in Memorandum of Understanding — Memorandum of Understanding concerning transfer of detainees in Iraq

Relationship of international law and municipal law — Treaties — Memorandum of Understanding — Effect in municipal law — Memorandum of Understanding regarding transfer of detainees in Iraq — Effect in English law — The law of England