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Investigating Extra-territorial Human Rights Violations in Conflict: A Principled Disharmony

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posted on 14.11.2021, 03:54 by Hunt, Daniel

This paper discusses a sequence of litigation concerning attempts by Iraqi citizens to have the United Kingdom Government investigate their claims of ill-treatment and death by British soldiers during the six-year British occupation of Basra, Southern Iraq. This paper uses the litigation as a foil to examine broader issues arising from the extra-territorial application of the duty to effectively investigate rights violations under the European Convention on Human Rights, an unprecedented occurrence. Specifically, it compares the duty of effective investigation to comparative institutional responses to human rights violations in conflict. These mechanisms have developed a broader set of victim-oriented objectives in dealing with violations and this paper argues the duty of effective investigation is comparatively deficient. It then looks at the manner in which the domestic courts have applied the duty, arguing that the various factors have driven the High Court to adopt a limited model of investigation.

History

Copyright Date

01/01/2013

Date of Award

01/01/2013

Publisher

Victoria University of Wellington - Te Herenga Waka

Rights License

Author Retains Copyright

Degree Grantor

Victoria University of Wellington - Te Herenga Waka

Degree Name

LL.B. (Honours)

ANZSRC Type Of Activity code

970118 Expanding Knowledge in Law and Legal Studies

Victoria University of Wellington Item Type

Research Paper or Project

Language

en_NZ

Victoria University of Wellington School

School of Law