[] Jaloud v. The NetherlandsEur. Ct. HR (GC), Jaloudv. The Netherlands(Appl. No. 47708/08), judgment of 20 November 2014

6 important questions on [] Jaloud v. The NetherlandsEur. Ct. HR (GC), Jaloudv. The Netherlands(Appl. No. 47708/08), judgment of 20 November 2014

What events led to the fatal shooting of Azhar Sabah Jaloud?



The fatal shooting of Azhar Sabah Jaloud occurred on April 21, 2004, at a checkpoint in south-eastern Iraq. The shooting took place when the driver of the car refused to comply with an order to stop given by the leading officer of a patrol of six Dutch soldiers who were present on the site to investigate an earlier shooting incident.

What was the Netherlands' argument regarding their jurisdiction in the case?

The Netherlands argued that the events complained of did not fall within their 'jurisdiction' as defined by Article 1 of the European Convention on Human Rights. They claimed that they were not an 'occupying power' in Iraq and that the United Kingdom had 'effective control' over Iraqi territory. The Netherlands also argued that they had not assumed any of the public powers normally exercised by a sovereign government in Iraq

Why did the Grand Chamber reject the Netherlands' arguments regarding jurisdiction?

The Grand Chamber rejected the Netherlands' arguments and concluded that the son of the applicant was under the 'jurisdiction' of the Netherlands. The Dutch troops stationed in south-eastern Iraq assumed responsibility for providing security in that area and retained full command over their contingent. The checkpoint where the fatal shooting occurred was set up in the execution of SFIR's mission, under United Nations Security Council Resolution 1483, to restore stability and security in Iraq
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What was the significance of the International Court of Justice's statement in the Bosnian Genocide Case?

The International Court of Justice's statement in the Bosnian Genocide Case was cited by the Court in this case to address the concern that if the Netherlands were not held responsible, then the United Kingdom might be held responsible due to its nominal 'overall control' of south-eastern Iraq as a member of the Coalition. The International Court of Justice emphasized that a state is responsible only for its own conduct and that the 'overall control' test stretches the connection between a state's organs and its international responsibility too far

Why did the Court conclude that the death of Azhar Sabah Jaloud occurred within the 'jurisdiction' of the Netherlands?

The Court concluded that the death of Azhar Sabah Jaloud occurred within the 'jurisdiction' of the Netherlands because the checkpoint where the shooting took place was manned by personnel under the command and direct supervision of a Netherlands Royal Army officer. The Netherlands exercised its 'jurisdiction' within the limits of its SFIR mission and for the purpose of asserting authority and control over persons passing through the checkpoint

How did the Court interpret the term 'jurisdiction' in this case?


The Court interpreted the term 'jurisdiction' in this case to mean that the Netherlands had authority and control over the area where the fatal shooting occurred and over persons passing through the checkpoint. The conduct of the Dutch soldiers could be attributed to the Netherlands, as they were stationed in the area and assumed responsibility for providing security.

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