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Judge and JuristEssays in Memory of Lord Rodger of Earlsferry$
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Andrew Burrows, David Johnston, QC, and Reinhard Zimmermann

Print publication date: 2013

Print ISBN-13: 9780199677344

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199677344.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 11 December 2019

Al-Skeini and the Extra-Territorial Application of the European Convention on Human Rights

Al-Skeini and the Extra-Territorial Application of the European Convention on Human Rights

Chapter:
(p.575) 43 Al-Skeini and the Extra-Territorial Application of the European Convention on Human Rights
Source:
Judge and Jurist
Author(s):

Sandy Ghandhi

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199677344.003.0043

This chapter focuses on the decision of the European Court of Human Rights in Al-Skeini on the extra-territorial scope of the European Convention on Human Rights. The Al-Skeini case concerned the death of six Iraqi civilians in fighting during the aftermath of the occupation of Iraq by British and American armed forces in 2003. The applicants first brought a case under the Human Rights Act 1998 in the English courts, alleging that the killing of their relatives fell within the jurisdiction of the UK and that there had been no effective investigation into their deaths in breach of Article 2 of the European Convention on Human Rights. The House of Lords ruled that the UK did not have jurisdiction under the Human Rights Act 1998 in relation to the deaths of the first four applicants. Following the decision of the House of Lords, the six applicants mounted a case in Strasbourg. It is with the decision on extra-territoriality of the Grand Chamber in that case that this chapter is primarily concerned.

Keywords:   European Convention on Human Rights, extra-territorial scope, Strasbourgh

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