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Regina (Al-Saadoon and Another) v. Secretary of State for Defence

United Kingdom, England.  21 January 2009 .

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 to activities of State outside own territory — Circumstances relevant to determining whether person detained by forces of State outside its territory within jurisdiction of that State — Detention on authorization of territorial sovereign — Obligations of detaining State to territorial sovereign

Human rights — Right to life — Capital punishment — Transfer of detainee to State where death penalty carried out by hanging — Whether customary international law rule prohibiting hanging — Whether European regional customary rule prohibiting transfer where real risk of death penalty

Human rights — Fair trial — European Convention on Human Rights, Article 6 — Transfer of detainee to face trial in other State — Whether real risk of flagrant breach of Article 6 standards

War and armed conflict — Occupation — Presence of forces from former occupying power after end of occupation — Iraq — Multi-National Force — Powers — Relationship to Government of Iraq — United Nations mandate — The law of England

Type
Case Report
Copyright
© Cambridge University Press 2012

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