header-logo header-logo

17 October 2009 / Julian Samiloff
Issue: 7282 / Categories: Features , EU , Human rights
printer mail-detail

Violations abroad

Strasbourg is likely to play a major role in the development of global human rights law, says Julian Samiloff

In Al-Skeini v Secretary of State for Defence [2007] UKHL 26, [2007] All ER (D) 106 (Jun) the House of Lords ruled that Iraqi civilians arrested and detained by British soldiers had the protection of the Human Rights Act 1998 (HRA 1998) and consequently the European Convention on Human Rights (the Convention). The appeal may be divided into two parts. The first part concerned the cases of Iraqis killed as a result of British action in the streets of Basra, while the second arose out of the treatment of Baha Mousa—an Iraqi who was beaten to death while being detained at a British military base in Basra.

For the government it was argued that that because UK forces did not have full control of Iraq, Iraq could not be thought of as being within UK jurisdiction for the purposes of HRA 1998 and therefore the writ of the Convention could not run in Iraq. The law

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll