R (Al-Skeini) v SSD: extra-territorial application of human rights

In summer 2004, the families of Iraqi civilians killed by British armed forces near Basra, Iraq, began judicial review proceedings in England. They claimed that the Secretary of State for Defence (“SSD”) had violated Article 2 (right to life) and Article 3 (prohibition of torture), both substantively and by failing to satisfy the investigative duty inherent in these Articles. Six test cases (C1-6) were taken through the Divisional Court and the Court of Appeal (others were stayed).

• Article from Public Law Focus Nov 07