Last October it was announced that the UK government may derogate from the ECHR in relation to future armed conflicts (see EJIL-Talk analysis here). This prompted the (UK Parliamentary) Joint Committee on Human Rights to launch an inquiry into this matter, details of which may be found on its web site (here). The JCHR called for written submissions on the matter.
I made a written submission (which I hope will appear on the JCHR’s web site soon, along with other submissions). I set out an extract from my submission below (please note footnotes are not included, I am happy to send a copy of my submission to anyone who contacts me: email@example.com)
My submission addresses whether extra-territorial derogations from the ECHR are permissible, and on what basis. I argue that they are, but that their special context requires consideration in relation to the validity of any individual derogation.
Indeed, the relevant case law, and the policy issues Continue reading