Are the agreements brokered by the UK government, called “memorandums of understanding,” better than ordinary diplomatic assurances?
No. A “memorandum of understanding” is simply another name for diplomatic assurances. The United Kingdom has agreed “memorandums of understanding” with Jordan, Libya, and Lebanon to permit the deportation of suspected terrorists or national security threats based on assurances of humane treatment upon return. The memos include arrangements for post-return monitoring, which the UK government wrongly claims provides an added measure of protection (see above section on post-return monitoring). Neither the blanket nature of the agreements, nor the fact that they are signed by officials from both governments, have any bearing on the effectiveness of the promises made within them. The agreements are not treaties, do not create binding obligations on the parties, and have no legal effect. The first court challenge to a “memorandum of understanding” was heard in May 2006 in the case of Omar Othman (also known as Abu Qatada), a terrorism suspect threatened with return to Jordan. Lawyers for Oth
