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Ugljesa Grusic, Associate Professor of Private International Law, UCL

UK supreme court rules Guantánamo 'forever prisoner' can sue the government under English law – here's why it matters

Stephanie Swartz/Shutterstock

The UK supreme court has ruled that a detainee in Guantánamo Bay can sue the UK government under English law over its alleged involvement in his detention and torture. This is the first case concerning the UK government’s liability for its participation in abuses committed by the CIA during the “war on terror”.

Abu Zubaydah brought a claim for damages against the UK government in 2020. The court has not yet ruled on the merits of this claim. Rather, it has ruled on an important, though obscure, part of the case to do with which country’s law applies – English law, or those of foreign countries. The answer, according to the court, is English law.

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