Clarifying the Extraterritorial Application of the European Convention on Human Rights (Al-Skeini v the United Kingdom)

Author:Cedric Ryngaert
Position:Associate Professor of International Law, Utrecht University; Leuven University. The author wishes to thank Samindra Kunti for valuable research assistance
Pages:57-60
Clarifying the Extraterritorial Application of the European
Convention on Human Rights
Al-Skeini and others v United Kingdom App No 55721/07 (ECtHR, 7 July 2011)
Cedric Ryngaert
57
Merkourios 2012 – Volume 28/Issue 74, Case Note, pp. 57-60.
URN: NBN:NL:UI: 10-1-112851
ISSN: 0927-460X
URL: www.merkourios.org
Publisher: Igitur, Utrecht Publishing & Archiving Services
Copyright: this work has been licensed by the Creative Commons Attribution License (3.0)
Keywords
European Court of Human Rights, Iraq War, Jurisdiction, Attribution, Territorial Scope
Abstract
In Al-Skeini v the United Kingdom, the European Court on Human Rights claried the scope ratione loci of the European
Convention on Human Rights. Without fully abandoning the territorial concept of jurisdiction, which it had armed in the
2001 Bankovic decision, the Court inched somewhat closer to the personal model of jurisdiction. After Al-Skeini, an ECHR
Contracting State’s exercise of public powers over a given territory, even in the absence of full eective control, may bring
persons present in that territory within the State’s jurisdiction. e Court did not, however, pronounce itself on the appli-
cability of the ECHR in case (agents of) a Contracting State exercise governmental authority over persons abroad without
exercising public powers over the territory where these persons are located.
Author aliations
Associate Professor of International Law, Utrecht University; Leuven University. e author wishes to thank Samindra Kunti
for valuable research assistance.
Case Note
Case Note
Merkourios - International and European Security Law - Vol. 28/74

To continue reading

Request your trial