Presentation on theme: "The Human Rights Act 1998 Applicability to UK Armed Forces Overseas: a conflict of Jurisdictions?"— Presentation transcript:
The Human Rights Act 1998 Applicability to UK Armed Forces Overseas: a conflict of Jurisdictions?
The General Rule on Extraterritoriality UK Statutes apply only to UK Exception: Extraterritoriality: Army Act 1955,s.70 (Armed Forces Act 2006. s.42); OAPA 1861,s.9 (murder/manslaughter);International Criminal Court Act 2001, following treaty establishing the International Criminal Court (Rome Statute 1998). Compare universal jurisdiction: Geneva Conventions Act 1957 (as amended), s.1; Criminal Justice Act 1988, s.134 (torture) R v Zardad (2005). Multi-State jurisdiction possibilities: Iraq
The ECHR 1950 and the HRA 1998 HRA 1998 ‘to bring rights home’. Which rights have been ‘brought home’? Article 1? Are the rights ‘brought home’ the same as those under the ECHR?
Why is the bombing of a TV station in Belgrade relevant? Bankovic v Belgium [and other NATO States] (2002) ILM 517. Article 1 ‘within jurisdiction’ ‘Effective control of the relevant territory and its inhabitants abroad as a consequence of military action…exercises all or some of the public powers normally to be exercised by that Government.’ But ‘legal space of the Contracting States’.
Other Cases Issa v Turkey ECtHR 30/3/2005 Ocalan v Turkey ECtHR 12/5/2005 Saddam Hussein v 21 States (2006); UN Security Council Resolution 1546 (2004) Distinction between State agent authority and effective control of an area.
Iraq ‘brought home’ Al Skeini et al v Secretary of State for Defence  EWCA Civ 1609 To be heard by the House of Lords later this year Article 1 of the ECHR and the HRA 1998, s.7. Individuals (a) detained by UK armed forces; (b) shot in their houses or in the streets.
Conclusions Likely that HoL will conclude that HRA 1998 applies to at least those arrested by British soldiers. Such individuals will be able to rely on HRA 1998, s.7. If HRA applies, Art.2 investigations Even if HRA 1998 does not apply to individuals, soldiers liable to English criminal law: rules of engagement. Not liable to Iraqi law because status of forces agreement.