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Al-Skeini and Others v. United Kingdom

Application No. 55721/07 (2011)

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Al-Skeini and Others v. United Kingdom

European Court of Human Rights

Application No. 55721/07 (2011)

Facts

In 2002 the United Nations Security Council enacted Resolution 1441, which mandated that Iraq disarm its weapons and established a monitoring regime to ensure Iraq’s compliance. Iraq did not comply, and in March 2003, the United States and the United Kingdom (defendant) invaded Iraq. The United Kingdom gained control of the southeast region and displaced the Ba’ath regime. The United Kingdom established the Coalition Provisional Authority to exercise certain government powers in Ba’ath’s absence. In August 2003, after the United Kingdom had occupied the southeast region, a commander of a British patrol shot and killed multiple Iraqis who were attending a funeral within the region, including Hazim Jum’aa Gatteh Al-Skeini (plaintiff). Al-Skeini’s brother claimed that Al-Skeini’s killing was unjust, and he filed an action in the European Court of Human Rights against the United Kingdom for violating the European Convention on Human Rights (the convention). The United Kingdom argued that Al-Skeini was not within its jurisdiction and, therefore, it could not be liable for any infringement on Al-Skeini’s rights and freedoms. The court considered the case.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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