2015 June

Untangling Extra-Territorial Jurisdiction from International Responsibility in Jaloud v. Netherlands

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In this article, I argue that the European Court has taken one step forward in the Jaloud case by introducing the notion of full command into the debate on extra-territorial jurisdiction, but two steps back by sowing unnecessary confusion with regard to the applicable rules of attribution.

2015 April

Barking up the Wrong Tree: How Not to Save the British Armed Forces from Legal Defeat

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Judicial imperialism is defeating the British armed forces. At least this is what the authors of a report recently published by the Policy Exchange, an influential British think tank, claim. There is little doubt that the British armed forces are facing significant legal challenges. These must be addressed as a matter of priority. However, neither the fiery tone of the Policy Exchange's latest report nor its actual policy recommendations are best suited to preserve the operational freedom of the military. In this post, we seek to explain why this is so.

2014 November

Jaloud v Netherlands: New Directions in Extra-Territorial Military Operations

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Jaloud v Netherlands is the latest in a growing line of Strasbourg cases addressing the application of the Convention to extra-territorial military operations. In this post, I discuss the jurisdictional aspects of the case. Two points merit attention: the Court’s reasons for finding that the jurisdiction of the Netherlands was not excluded and the new category of extra-territorial jurisdiction over ‘persons passing through a checkpoint’.

2013 December

Derogations from the European Convention on Human Rights in Deployed Operations

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The European Convention on Human Rights (ECHR) is a key component of the legal framework governing the activities of the British armed forces. In recent years, the Convention’s application to military operations has come under growing criticism, leading commentators to call upon the Government to derogate from the ECHR during deployed operations. It is not immediately clear, however, whether or not derogations are in fact available to the UK in such circumstances. The purpose of this submission is to shed some light on this issue.