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

Subject Matter

CROWN — Minister — Powers — Secretary of State granting export licences for sale of arms or military equipment to Kingdom of Saudi Arabia for possible use in conflict in Yemen — Evidence from respected international bodies of serious breaches of international humanitarian law in Yemen — European Union and domestic law requiring British Government not to grant export licences for arms and military equipment to countries where serious violations of human rights established and clear risk arms might be used in commission of serious violation of international humanitarian law — Secretary of State continuing to grant new licences for export of arms to Saudi Arabia and not suspending existing licences — Whether Secretary of State making sufficient inquiries for lawful assessment of risk of arms being used to commit serious violation of international humanitarian law — Export Control Act 2002 (c 28), s 9(3) — Council Common Position 2008/944/CFSP, art 2(2)

[2019] EWCA Civ 1020; [2019] 1 WLR 5765; [2019] WLR(D) 343; Case details, CA

Appellate History

Commentary

Court of Appeal, Civil Division (via YouTube)
Video of delivery of judgment Video link

UK Human Rights Blog
Sale of arms to Saudi Arabia held to be based on flawed decision-making process Case comment