Skip Navigation



Journal of International Criminal Justice Advance Access published online on June 9, 2009
Journal of International Criminal Justice, doi:10.1093/jicj/mqp037
This Article
Right arrow Full Text
Right arrow Full Text (PDF)
Right arrow All Versions of this Article:
7/3/633    most recent
mqp037v1
Right arrow Alert me when this article is cited
Right arrow Alert me if a correction is posted
Services
Right arrow Email this article to a friend
Right arrow Similar articles in this journal
Right arrow Alert me to new issues of the journal
Right arrow Add to My Personal Archive
Right arrow Download to citation manager
Right arrowRequest Permissions
Google Scholar
Right arrow Articles by King, H.
Social Bookmarking
Add to CiteULike   Add to Connotea   Add to Del.icio.us  
What's this?

© Oxford University Press, 2009, All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org

Unravelling the Extraterritorial Riddle

An Analysis of R (Hassan) v. Secretary of State for Defence

Hugh King*

* Doctoral student, NYU School of Law. Thanks to Nehal Bhuta for helpful discussions about extraterritoriality and the referees for their comments. The usual disclaimer applies. [hwk228{at}nyu.edu]


  Abstract

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’.


Add to CiteULike CiteULike   Add to Connotea Connotea   Add to Del.icio.us Del.icio.us    What's this?




Disclaimer: Please note that abstracts for content published before 1996 were created through digital scanning and may therefore not exactly replicate the text of the original print issues. All efforts have been made to ensure accuracy, but the Publisher will not be held responsible for any remaining inaccuracies. If you require any further clarification, please contact our Customer Services Department.