The European Court of Human Rights’ Al-Jedda judgment: the oversight of international humanitarian law
30-09-2011 Article, International Review of the Red Cross, No 883, by Jelena Pejic
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The author discusses the implications of the recent Al-Jedda judgment of the European Court on Human Rights for the ability of states parties to that treaty to conduct detention operations in situations of armed conflict.
The European Court of Human Rights’ judgment in the Al-Jedda case dealt with the lawfulness of UK detention practice in Iraq under the European Convention on Human Rights. The Court’s opinion could, however, be read as having broader implications for the ability of states parties to that treaty to conduct detention operations in situations of armed conflict. This article analyzes what the Court did – and did not say – about the application of international humanitarian law.
Jelena Pejic is Legal Adviser in the Legal Division of the International Committee of the Red Cross (ICRC), based in Geneva.