Applicability of the ECHR to British Soldiers in Iraq
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)  UKSC 29,  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
Date posted: February 4, 2011