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Bhavnani, Shanta (2011) ECtHR extends application of Convention beyond Council of Europe borders. EHRAC bulletin (16). pp. 1-2.
The extent of the application of the European Convention on Human Rights to states acting beyond their borders has long been debated, especially since the seminal Banković & Others case concerning the NATO bombing of Belgrade in 1999. This article discusses two recent landmark judgments on this issue - Al-Skeini & Others and Al-Jedda - both of which relate to the UK's military activities in Iraq.
On 7 July 2011, the Grand Chamber (GC) of the European Court of Human Rights (ECtHR) published two judgments on the application of the European Convention on Human Rights (ECHR) to the UK's activities in Iraq: Al-Skeini & Others v United Kingdom (No. 55721/07) GC 7.7.11 and Al-Jedda v United Kingdom (No. 27021/08) GC 7.7.11. In landmark judgments, the GC held that both cases fell within the jurisdiction of the UK under Art. 1 (obligation to respect human rights) in respect of civilians killed or detained during its military operations in southern Iraq. These cases represent a significant development in the recognition of the extraterritorial application of the Convention.
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