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Human rights, State sovereignty and national territory - 5[] Al Skeini and Others v. the United Kingdom

10 important questions on Human rights, State sovereignty and national territory - 5[] Al Skeini and Others v. the United Kingdom

What was the reason for the case being filed?

The case was filed because the first five applicants were relatives of people who were killed by British troops, and the sixth applicant was the father of Mr. Baha Mousa, who died while in the custody of the British Army

What did the applicants allege in the case?

All six applicants alleged that Article 2 of the European Convention on Human Rights had been violated due to the lack of a thorough, independent, and effective investigation into the deaths.

What was the British government's response to the allegations?

The British government agreed that Mr. Mousa, who was detained by the British military, was under the jurisdiction of the United Kingdom at the time of his death. However, it denied that the condition of 'jurisdiction' was satisfied in the five other cases, arguing that the acts leading to those deaths were attributable to the United Nations rather than the United Kingdom

What is the concept of 'jurisdiction' in the context of the European Convention on Human Rights?

Jurisdiction under the European Convention on Human Rights refers to a necessary condition for a Contracting State to be held responsible for acts or omissions imputable to it that infringe upon the rights and freedoms set forth in the Convention. The exercise of jurisdiction is primarily based on the territorial principle, but there are exceptional circumstances where jurisdiction can extend beyond a State's own territory.

What are the exceptional circumstances that can lead to the exercise of jurisdiction by a Contracting State outside its own territory?

The exceptional circumstances include acts of diplomatic and consular agents, authority and control exerted by a Contracting State's authorities over others, and the exercise of physical power and control over an individual. Additionally, a Contracting State may exercise jurisdiction outside its own territory when it exercises effective control over an area as a result of military action

What is the responsibility of a Contracting State when it exercises effective control over an area outside its own territory?

When a Contracting State exercises effective control over an area outside its own territory, it has the responsibility to secure the rights and freedoms set out in the Convention within that area. The controlling State is liable for any violations of those rights and is obligated to secure the entire range of substantive rights set out in the Convention and any additional Protocols it has ratified

What factors does the Court consider in determining whether a Contracting State exercises effective control over an area outside its own territory?

The Court primarily considers the strength of the State's military presence in the area. Other indicators, such as the extent of military, economic, and political support for the local subordinate administration, may also be relevant in assessing the State's influence and control over the region.

What is the significance of the European Court of Human Rights' decision in the case of Al-Saadoon and Mufdhi v. the United Kingdom?

In the case of Al-Saadoon and Mufdhi v. the United Kingdom, the Court held that two Iraqi nationals detained in British-controlled military prisons in Iraq fell within the jurisdiction of the United Kingdom. This was because the United Kingdom exercised total and exclusive control over the prisons and the individuals detained in them.

What is the obligation of a Contracting State when it exercises control and authority over an individual?

When a Contracting State exercises control and authority over an individual, it is obligated to secure the rights and freedoms under the Convention that are relevant to the situation of that individual. The State must ensure that the individual's rights are protected and respected.

What is the threshold criterion for jurisdiction under the European Convention on Human Rights?

The threshold criterion for jurisdiction under the European Convention on Human Rights is the exercise of jurisdiction by a Contracting State. This is a necessary condition for the State to be held responsible for acts or omissions that infringe upon the rights and freedoms set forth in the Convention

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Internation Human Rights LAW (EDX) Week 1

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Topics that are related to Human rights, State sovereignty and national territory - 5[] Al Skeini and Others v. the United Kingdom

Human rights, State sovereignty and national territory - 5[] Al Skeini and Others v. the United Kingdom

10 important questions on Human rights, State sovereignty and national territory - 5[] Al Skeini and Others v. the United Kingdom

What was the reason for the case being filed?

What did the applicants allege in the case?

What was the British government's response to the allegations?

What is the concept of 'jurisdiction' in the context of the European Convention on Human Rights?

What are the exceptional circumstances that can lead to the exercise of jurisdiction by a Contracting State outside its own territory?

What is the responsibility of a Contracting State when it exercises effective control over an area outside its own territory?

What factors does the Court consider in determining whether a Contracting State exercises effective control over an area outside its own territory?

What is the significance of the European Court of Human Rights' decision in the case of Al-Saadoon and Mufdhi v. the United Kingdom?

What is the obligation of a Contracting State when it exercises control and authority over an individual?

What is the threshold criterion for jurisdiction under the European Convention on Human Rights?

Topics that are related to Human rights, State sovereignty and national territory - 5[] Al Skeini and Others v. the United Kingdom

Human rights, State sovereignty and national territory

Human rights, State sovereignty and national territory - 5[] Al Skeini and Others v. the United Kingdom - [] Debate - Territorial Control and Categories of Rights

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