Journal Article

Unravelling the Extraterritorial Riddle

Hugh King

in Journal of International Criminal Justice

Volume 7, issue 3, pages 633-643
Published in print July 2009 | ISSN: 1478-1387
Published online June 2009 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqp037
Unravelling the Extraterritorial Riddle

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The European Convention on Human Rights imposes an obligation on contracting states to secure the rights of persons within their ‘jurisdiction’. Yet, the meaning of ‘jurisdiction’ is contested, with the result that the extent of states’ extraterritorial obligations is unclear. R (Hassan) v. Secretary of State for Defence is the latest in a series of English cases to examine the obligations of the British forces in Iraq. This comment critically assesses the High Court's reasoning, as well as the House of Lords’ decision in Al-Skeini on which it relies, and in so doing proposes a more nuanced understanding of ‘jurisdiction’.

Journal Article.  4981 words. 

Subjects: Criminal Law ; International Law

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