Thursday, June 13, 2024

This is an ARCHIVED article at Information and links may well be out of date.

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: