Sean Aughey & Aurel Sari


Sean Aughey is a barrister at 11KBW. His main practice areas are international arbitration (with a focus on investment treaty arbitration), public international law, public law and human rights. Aurel Sari is a Senior Lecturer in Law at the University of Exeter and an affiliated member of its Strategy and Security Institute. His main research interest is the international law relating to military operations. He is a member of the editorial board of the Military Law and the Law of War Review.

Recently Published

The Authority to Detain in NIACs Revisited: Serdar Mohammed in the Court of Appeal

As the English Court of Appeal breaks for the summer vacation, scores of international lawyers are about to descend on one of its latest decisions: Mohammed v Secretary of State for Defence; Rahmatullah and Ors v MoD and FCO [2015] EWCA Civ 843. In this 109-page long judgment, the Court upholds the conclusion…

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IHL Does Authorize Detention in NIAC: A Rejoinder to Rogier Bartels

We are grateful to Rogier Bartels for his thoughtful comments on our recent post and article in which we argue that IHL authorizes State parties to a NIAC to detain suspected insurgents. In this rejoinder, we briefly respond to Rogier’s main criticisms of our argument. Equal protection versus equal status The…

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IHL Does Authorise Detention in NIAC: What the Sceptics Get Wrong

As Serdar Mohammed v Ministry of Defence hits the English Court of Appeal, the blogs have lit up with comments, criticisms and predictions. In recent posts published at Just Security and Opinio Juris, Ryan Goodman, Kevin Jon Heller and Jonathan Horowitz (see here, here and here) have joined with Marko Milanovic and Lawrence…

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