Legal update: British troops and the Human Rights Act

摘要

On 30 June 2010, the Supreme Court held that the Human Rights Act 1998 does not apply to British troops operating on foreign soil. By a six-to-three majority, this was held to be because Article 1 of the European Convention on Human Rights (ECHR) only imposes duties on states within their territorial jurisdictions. While there were recognised exceptions to the strict territorial boundaries, activities on foreign soil did not come within any of them. Jurisdiction could not be established simply on the basis of the UK's authority and control over those activities.