On May 2, 2014, the UK High Court issued its decision [3] in Serdar Mohammed v. Ministry of Defence, holding that the detention beyond ninety-six hours of Serdar Mohammed (SM), who was captured by UK armed forces in Afghanistan in 2010, was unlawful and that, under Article 5 of the European Convention on Human Rights (the Convention), the UK Government is liable to compensate him. The Court reasoned that, although the original arrest and ninety-six-hour detention of SM was lawful under authorizations given to the International Security Assistance Force (ISAF) by United Nations Security Council Resolutions, there was no legal basis for detaining beyond ninety-six hours under either Afghan or international law. The Court concluded that “[a]ccordingly, SM’s extended detention for a total of 106 days beyond the 96 hours permitted by ISAF policy was not authorised by the UN mandate under which UK forces are present in Afghanistan and was contrary to Article 5 of the Convention.” Further, the UK was not able to rely on an “act of state” defense in relation to a claim brought under the Convention, Article 5(5) of which “gives SM an ‘enforceable right to Compensation’ which the courts are required to enforce.”