Agora on the Al-Jedda and Al-Skeini judgments from the European Court of Human Rights on the conduct of UK forces in Iraq. Al-Jedda concerns detention by UK forces and address several issues such as: (1) was the conduct of these forces attributatble to the UK or the United Nations? (2) did UN Security Council Resolution 1546 justify/permit detention in circumstances not covered by article 5 ECHR on deprivation of liberty and therefore displace, qualify, or derogate from this ECHR provision? Al-Skeini concerns the death of six Iraquis during the period of British occupation giving rise to the following questions: (1) the scope of extraterritorial application of the ECHR; (2) the scope and extent of the duty to investigate possible breaches of article 2 ECHR on the right to life as a consequence of the conduct of armed forces in an occupied territory, where international humanitarian law applies.
By entering this website, you consent to the use of technologies, such as cookies and analytics, to customise content, advertising and provide social media features. This will be used to analyse traffic to the website, allowing us to understand visitor preferences and improving our services. Learn more