The ECHR in Iraq: The Judgment of the House of Lords in R (Al-Skeini) v. Secretary of State for Defence |
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| Authors: | Thienel Tobias |
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| Affiliation: | * LL M, Edinburgh. I am indebted to Mr Stephen Tierney for help with my research, and to Ms Vanessa Klingberg, Mr Nicki Boldt and Mr Björn Elberling for their valuable comments. All remaining errors, of course, are mine. [ tobiasthienel{at}web.de] |
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| Abstract: | The House of Lords has held that the ECHR does not apply tothe acts of the UK armed forces in Iraq, except in their militaryprisons. More generally, the House has endorsed the positionthat the ECHR cannot apply to areas controlled by a state partyoutside the territories of the Council of Europe. The authordisputes the treatment of the European cases that led the Houseto this position, and criticizes the suggestions that the introductionof European human rights law was culturally inappropriate andeven unlawful under the regime of belligerent occupation. |
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