Regina (Hassan) v. Secretary of State for Defence

Abstract

391War and armed conflict — Occupation — Military intervention — Effective control over territory or area of a second State — Iraq following military intervention in 2003 — Prisoners of war — Civilians — Detention — Memorandum of Understanding between Australia, United Kingdom and United StatesHuman rights — Jurisdiction — Whether exclusively territorial — Conditions for extraterritorial jurisdiction — Detention of civilian during armed conflict in foreign State — Transfer of detainees by a detaining State to responsibility of a second State — Duty of detaining State to conduct inquiry into alleged human rights abuses — European Convention on Human Rights, 1950 — Article 1 — Obligation to respect human rights — Convention not universally applicable — Jurisdiction — Territorial jurisdiction — Extraterritorial jurisdiction — Extraterritorial application of Convention only in exceptional circumstancesTreaties — Nature — Memorandum of Understanding — Whether legally bindingJurisdiction — Territorial — Extraterritorial jurisdiction — European Convention on Human Rights, 1950 — Extraterritorial application of Convention in exceptional circumstances only — Effective control of relevant territory — Activities of consular agents abroad, on vessels or in military facilities — Acts producing effects in or performed outside Contracting States’ territory — The law of England