By AMANDA PERREAU-SAUSSINE
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See Allain in this volume of BYIL. Described by Commander Forbes as “sheds made of heavy piles, driven deep into the earth, and lashed together with bamboos, thatched with palm leaves. If the barracoon be a large one, there is a centre row of piles; along each line of piles is a chain, and at intervals of about two feet is a large neck-link, in one of which each slave is padlocked. ” E Forbes Six months service in the African Blockade () ; Lloyd, above n , –. David Eltis Economic growth and the ending of the transatlantic slave trade (Oxford University Press, ) at .
As Stanley de Smith suggests, reflecting on Nissan: Both dangers are exemplified in the House of Lords’ recent decision in Al Jedda. Although it receives no mention in any of the judgments, a version of the jurisdictional act of state doctrine underlies the decision. (iii) The dangers exemplified: the grey hole of Al Jedda Al Jedda has close factual parallels with the leading act of state cases on habeas corpus considered above, cases like Sigcau, Sekgome and Mwenya. It concerned the internment of a dual British and Iraqi national, Al Jedda, who was resident in the United Kingdom but arrested during a visit with his children to Baghdad (where he had relatives) and flown to a British prison in Basra, on suspicion of involvement with weapons smuggling, explosive attacks, and terrorist recruitment in Iraq.
The qualification is worthy of Kafka: here a right to be free from internment is trumped by an obligation to intern. Lady Hale insists that the right “is qualified only to the extent required or authorised by the resolution” and that there would remain in the subsequent proceedings “room for argument about what precisely is covered by the resolution” although it is difficult to see what of the right could remain—other than, as she also notes, the question of whether on the facts of the case internment was necessary at all (“given that the problem he presents in Iraq could be solved by repatriating him to this country and dealing with him here”), and so whether the Security Council authorisation was triggered in the first place.