Tomanovic and Others v. Foreign and Commonwealth Office

Abstract

State responsibility — International organizations — Attribution — Kosovo — European Rule of Law Mission in Kosovo — Special Prosecutions Office of the Republic of Kosovo — Prosecutor seconded to Special Prosecutions Office — United Kingdom — Foreign and Commonwealth Office — Ethnic tensions — Killings — Abductions — Failure of Special Prosecutions Office to investigate crimes — Whether conduct of Special Prosecutions Office attributable to United Kingdom Foreign and Commonwealth Office

Jurisdiction — Territorial — European Convention on Human Rights, 1950 — Article 1 — Exceptions to jurisdiction — State agent authority — European Rule of Law Mission in Kosovo — Special Prosecutions Office of the Republic of Kosovo — United Kingdom prosecutor seconded to Special Prosecutions Office — Police investigations — Whether United Kingdom exercising extra-territorial jurisdiction in Kosovo by reason of State agent authority

Human rights — Right to life — Prohibition of torture — European Convention on Human Rights, 1950 — Article 2 — Article 3 –– Positive obligation — Human Rights Act 1998 — Whether United Kingdom having investigative duty — Whether investigative duty arising in respect of events before Human Rights Act 1998 entering into force — Whether investigative duty arising where no breach of substantive right

International organizations — Immunity — United Nations Interim Administration Mission in Kosovo Regulation 2000/47 — European Rule of Law Mission in Kosovo — Special Prosecutions Office of the Republic of Kosovo — Special Representative of the Secretary-General for Kosovo — Executive Decision No 2008/36 — Prosecutor seconded from Foreign and Commonwealth Office to Special Prosecutions Office of the Republic of Kosovo — Whether immunity protecting Foreign and Commonwealth Office — The law of England