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

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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