I. BETWEEN THE DEVIL AND THE DEEP BLUE SEA: CONFLICTED THINKING IN THE AL-SAADOON AFFAIR

On 31 December 2008 British forces transferred two Iraqi citizens, Faisal Attiyah Nassar Al-Saadoon and Khalaf Hussain Mufdhi (the claimants), to the jurisdiction of the Iraqi High Tribunal (IHT). The decision to transfer was taken following the finding by both the Divisional Court and the Court of Appeal that the proposed transfer would be lawful, dismissing the claimants' claim for judicial review. In transferring the claimants, the United Kingdom violated a provisional measures order issued by the European Court of Human Rights (the ECtHR).