Abstract

http://ssrn.com/abstract=1754588
 


 



Applicability of the ECHR to British Soldiers in Iraq


Marko Milanovic


University of Nottingham School of Law

February 3, 2011

Cambridge Law Journal, Vol. 70, 2011

Abstract:     
This very brief case note discusses the R. (Smith) v. Oxford Assistant Deputy Coroner (Equality and Human Rights Commission intervening) [2010] UKSC 29, [2010] 3 WLR 223 case, in which the UK Supreme Court decided that the ECHR will apply extraterritorially only to UK soldiers who finds themselves on a UK base; if they died outside an area under the UK's effective control, there would be no requirement for an Article 2 ECHR-compliant investigation into their death. The note argues that the Court's holding in Smith logically flows from the House of Lords judgment in Al-Skeini, but accordingly also rests on the (probably unwarranted) assumption that Al-Skeini was correctly decided.

Number of Pages in PDF File: 3

Keywords: ECHR, Human Rights, Extraterritorial Application, Smith, Al-Skeini

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Date posted: February 4, 2011  

Suggested Citation

Milanovic, Marko, Applicability of the ECHR to British Soldiers in Iraq (February 3, 2011). Cambridge Law Journal, Vol. 70, 2011. Available at SSRN: http://ssrn.com/abstract=1754588

Contact Information

Marko Milanovic (Contact Author)
University of Nottingham School of Law ( email )
Law and Social Sciences Building
University Park
Nottingham, NG7 2RD
United Kingdom
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