Judgement of the Court of Appeal
Appears in case: First Administrative Challenge against the Secretary of State for International Trade
Jurisdiction
United Kingdom
Locale
Armed Conflict in Yemen
Recipient State
Saudi Arabia
Document Type
Judgements
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Judgement of the Court of Appeal, 20.06.2019The Court of Appeal rules in Campaign Against Arms Trade’s (CAAT) favour on the basis of the first ground of appeal. The court concludes that, as a matter of law, the process of decision-making by the government was wrong when it comes to the assessment of a clear risk of serious violations under Criterion 2. Namely, the government made no concluded assessments of whether the Saudi-led coalition had committed violations of IHL in the past during the Yemen conflict, and made no attempt to do so. It finds that there is a legal obligation to make a systematic assessment of past violations, where possible, before deciding whether there is a clear risk of future serious violations.
See below the order by the Court of Appeal following this judgement.