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Al-Skeini and Others v. United Kingdom

European Court of Human Rights.  07 July 2011 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Scope of application — Requirement that individual be within the jurisdiction of the respondent State — European Convention on Human Rights, 1950, Article 1 — Application outside the territory of a Contracting State — Actions of State agents — Effective control of an area of territory — Belligerent occupation — Military operations — Iraq — Security Council Resolutions 1483 (2003)and 1511 (2003) — Whether actions of United Kingdom contingent in Multi-National Force attributable to United Kingdom or United Nations

Human rights — Right to life — European Convention on Human Rights, Article 2 — Procedural element — Duty to conduct investigation into death allegedly caused by armed forces of State — Requirement that investigation be independent and effective — Hostile conditions in area where death occurred — Requirement that investigation nevertheless take place — Relevance of conditions to form and conduct of investigation

War and armed conflict — Belligerent occupation — Iraq — Hague Regulations, 1907, Article 42 — Duty of occupying power to maintain order — Relationship between law of armed conflict and human rights law

Type
Case Report
Copyright
© Cambridge University Press 2012

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