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