To what extent does human rights law apply to British forces on operations overseas? This vexed question has been in the news again lately, the latest development being the long-awaited decision by the European Court of Human Rights in Strasbourg in the case of al-Skeini and Others. Update:
In the first case, Al-Skeini and Others v. United Kingdom, the Court concluded that the United Kingdom had violated Article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms – by failing to perform an adequate investigation into the deaths of five Iraqi civilians who were killed in 2003, during British military operations in Basrah City. The second judgment, Al-Jedda v. United Kingdom, likewise held that, by detaining the Applicant from 2004-2007 at a British-run facility in Basrah City, the British military had violated the Applicant’s right to liberty under Article 5 of the Convention.
These are links to the full ECHR judgements: