Human rights — Nature and scope of human rights treaties — European Convention on Human Rights, 1950 — Article 1 — Duty of parties to secure the rights and freedoms under the Convention to persons within their jurisdiction — Extent of jurisdiction — Persons outside the territory of a Contracting State — Whether within its jurisdiction — Jurisdiction essentially territorial and extraterritorial applications requiring special justification — Whether British soldiers on military service in Iraq within jurisdiction of United Kingdom — Whether Human Rights Act 1998 applicable — Whether British soldiers entitled to rely on Article 2 of European Convention — Whether inquest into death of British soldier having to satisfy procedural requirements of Article 2 of European Convention
Jurisdiction — Concept of jurisdiction in international law — Jurisdiction primarily territorial — Circumstances in which jurisdiction of State extending beyond its borders — Effective control over area — Jurisdiction on basis of exercisable authority over individual — European Convention on Human Rights, 1950 — Article 1 — British soldiers on military service in Iraq — Whether within jurisdiction of United Kingdom for purposes of Article 1 of European Convention — Domestic jurisprudence — Strasbourg jurisprudence
Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969 — Applicability to interpretation of European Convention on Human Rights, 1950 — Scope of European Convention — Meaning of phrase “within their jurisdiction” in Article 1 of European Convention — Travaux préparatoires — Whether Article 1 of European Convention to be interpreted as “living instrument” — Ratification of European Convention by United Kingdom — United Kingdom’s obligations towards armed forces abroad — Whether British soldiers operating in Iraq entitled to rely on Article 2 of European Convention
Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Human Rights Act 1998 giving domestic effect to European Convention — Section 6(1) of Act — Whether Act applicable — Article 2 of European Convention scheduled to Act — Whether British soldiers operating in Iraq entitled to rely on Article 2 of European Convention — Purpose of Act — Jurisdictional scope of Act — Jurisdictional scope of European Convention — Whether inquest having to satisfy procedural requirements of alleged breach of Article 2 of European Convention
War and armed conflict — Invasion of Iraq — United Kingdom forces in Iraq — Legal position — Consent of territorial sovereign — Coalition Provisional Authority — Occupation — Belligerent occupation — Effective control of territory — Relationship between United Kingdom and its armed forces — Territorial jurisdiction — Personal jurisdiction — Whether British soldiers serving in Iraq within jurisdiction of United Kingdom at all times for purposes of Article 1 of European Convention on Human Rights, 1950 — Whether United Kingdom owing Article 2 obligations to its soldiers serving overseas
Human rights — Right to life — European Convention on Human Rights, 1950 — Article 2 — Whether inquest having to satisfy procedural requirements of Article 2 — Whether systemic failure on part of State — Scope of investigation — Whether State having responsibility to carry out effective investigation into death of British soldier — Whether death of every British soldier on active service requiring Article 2 investigation — The law of England
