With (Great) Power Comes (Great) Responsibility: A Move Toward Greater Responsibility for States Exercising Power Abroad (Al-Jedda v the United Kingdom)

Author:Laura Henderson
Position:Ph.D. candidate, Vrije Universiteit of Amsterdam, the Netherlands; LL.M. Utrecht University; Legal Advisor at Weaver & Henderson On Point Legal
Pages:50-56
With (Great) Power Comes (Great) Responsibility: A Move Toward
Greater Responsibility for States Exercising Power Abroad
Al-Jedda v the United Kingdom [GC] Appl No 27021/08 (ECtHR, 7 July 2011)
Laura Henderson
50
Merkourios 2012 – Volume 28/Issue 74, Case Note, pp. 50-56.
URN: NBN:NL:UI: 10-1-112850
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
Attribution, Conict of Norms, European Court of Human Rights, Iraq War, Jurisdiction, United Nations
Abstract
is case note addresses the recent European Court of Human Rights case Al-Jedda v the United Kingdom. In this case, the
Court decided that the act of detaining and interning the applicant in Iraq was attributable to the United Kingdom, and
not the United Nations, and that the applicant fell under the UK’s jurisdiction. Having established jurisdiction, the Court
addressed whether Al-Jedda’s internment violated Article 5(1) of the European Convention on Human Rights. In order
to answer this, the Court had to decide whether Article 103 of the UN Charter, together with a UN Security Council
Resolution authorizing the UK (among other States) to secure and maintain security in Iraq, entailed a conict of norms that
resulted in the inapplicability of the ECHR’s right to liberty. e Court concluded that no such conict was present and,
thus, that the UK had violated the right to liberty.
Author aliations
Ph.D. candidate, Vrije Universiteit of Amsterdam, the Netherlands; LL.M. Utrecht University; Legal Advisor at Weaver &
Henderson On Point Legal.*
* e views expressed by the author herein are those in her personal capacity and do not necessarily represent those of Weaver & Henderson On Point Legal.
Case Note
Case Note
Merkourios - International and European Security Law - Vol. 28/74

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