The judicial panel of the House of Lords [official website] is set to rule later this year on whether the Human Rights Act applies in Iraq or is limited to within Britain's territorial jurisdiction. The government is appealing a December 2005 decision by the Court of Appeal that the Human Rights Act should apply to British soldiers overseas [JURIST report]. Goldsmith has argued that the Act, which incorporates the European Convention on Human Rights (ECHR) [text], does not apply to British forces operating in Iraq because the United Kingdom does not have full control of Iraq and therefore Iraq was not within the United Kingdom's jurisdiction. MOD has previously argued that the HRA was intended to protect European citizens, not Iraqis, and that applying the HRA in a combat zone would harmfully restrict British soldiers. The Press Association has more.
Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.