Al-Skeini and Al-Jedda in Strasbourg

Milanovic, M. ORCID: https://orcid.org/0000-0003-3880-6096 (2012) Al-Skeini and Al-Jedda in Strasbourg. European Journal of International Law, 23 (1). pp. 121-139. ISSN 1464-3596 doi: 10.1093/ejil/chr102

Abstract/Summary

The article analyses the European Court of Human Rights’ recent judgments in Al-Skeini v. United Kingdom and Al-Jedda v. United Kingdom. The former is set to become the leading Strasbourg authority on the extraterritorial application of the ECHR; the latter presents significant developments with regard to issues such as the dual attribution of conduct to states and to international organizations, norm conflict, the relationship between the ECHR and general international law, and the ability or inability of UN Security Council decisions to displace human rights treaties by virtue of Article 103 of the UN Charter. The article critically examines the reasoning behind the two judgments, as well as their broad policy implications regarding ECHR member state action abroad and their implementation of various Security Council measures.