2 European Court of Human Rights Rulings:
Al-Skeini and Others v. the UnitedKingdom
In today’s Grand Chamber judgment in the case Al-Skeini and Others v. the United Kingdom (application no. 55721/07), which is final1, the European Court of Human Rights held, unanimously, that:
in the exceptional circumstances deriving from the United Kingdom's assumption of authority for the maintenance of security in South East Iraq from 1 May 2003 to 28 June 2004, the UK had jurisdiction under Article 1 (obligation to respect human rights) of the European Convention on Human Rights in respect of civilians killed during security operations carried out by UK soldiers in Basrah; and, that there had been a failure to conduct an independent and effective investigation into the deaths of the relatives of five of the six applicants, in violation of Article 2 (right to life) of the Convention.
Al-Jedda v. the United Kingdom
In today’s Grand Chamber judgment in the case Al-Jedda v. the UK (application no. 27021/08), which is final1, the European Court of Human Rights held, by a majority of sixteeen to one, that there had been:
A violation of Article 5 § 1 (right to liberty and security) of the European
Convention on Human Rights.
The case concerned the internment of an Iraqi civilian for more than three years (2004-2007) in a detention centre in Basrah, Iraq, run by British forces.
The judgment was delivered today at a public hearing at the European Court of Human Rights, Strasbourg, shortly after 11 a.m.(local time).
The logic of both these cases is clear:
You decide to invade a country in a war of choice.
You then occupy said country.
You then assume responsibilities towards the civilians of that country.
If you fail to do so you will be judged based upon international law.
The is no just looking forward about it, what is done is done; and all historical actions have legal consequences whether at the time or some time in the future. Once you have assumed the responsibilities of government you are duty bound to uphold the law, fail to do so and you should be judged.
Now the Bush administration has been left free to wander spouting the joys of torture for far too long,; yet they are protected by the the insistence that the US President basically determines what international law we will adhere to.
I suppose the British will regard these rulings as confirmation that their fall from Empire is complete, personally I think it is correct. The US should also be subject to the same laws.