Applicability of the ECHR to British Soldiers in Iraq

Cambridge Law Journal, Vol. 70, 2011

3 Pages Posted: 4 Feb 2011

See all articles by Marko Milanovic

Marko Milanovic

University of Nottingham School of Law

Date Written: February 3, 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.

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

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: https://ssrn.com/abstract=1754588

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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