European Convention on Human Rights (Hansard, 17 May 2004)

§ Sir Menzies Campbell
To ask the Secretary of State for Foreign and Commonwealth Affairs what discussions have taken place between the UK Government and(a) other European Governments and (b) institutions of the European Union regarding the application of the European Convention on Human Rights in Iraq; what the results were; and if he will make a statement. [171553]

§ Mr. Straw
The Government have not had discussions with other European Governments nor with the institutions of the European Union regarding the application of the European Convention on Human Rights (ECHR) in Iraq. As the Government have said in relation to the current High Court cases brought by the families of 13 Iraqi the Government's position is that ECHR rights have no application in Iraq.

§ Sir Menzies Campbell
To ask the Secretary of State for Foreign and Commonwealth Affairs what areas of Iraq are under the jurisdiction of the UK for the purposes of(a) section 1 of the European Convention 675W on Human Rights, (b) the Geneva Convention and (c) UN Security Council Resolution 1511; and if he will make a statement. [171555]

§ Mr. Straw
The question of whether any areas of Iraq are within the jurisdiction of the UK for the purposes of the European Convention on Human Rights (ECHR) are matters in issue in the current cases before the High Court brought by the families of 13 Iraqi civilians. The Government's position in those cases is that ECHR rights have no application in Iraq. The applicability of the Geneva Conventions and of UN Security Council Resolution 1511 are not matters that turn upon whether jurisdiction is being exercised. Resolution 1511 is a binding Security Council resolution and therefore binds the UK and all other UN member states. The mandate given to the multi-national force to contribute to the maintenance of security and stability in Iraq in resolution 1511 applies to UK forces in those areas where they are operating. The UK accepts that the Geneva Conventions apply to the conduct of UK forces engaged in an armed conflict and that in some areas of southern Iraq, UK forces are exercising sufficient control as an occupying force for the purpose of the application of the Geneva Convention IV.

§ Sir Menzies Campbell
To ask the Secretary of State for Foreign and Commonwealth Affairs whether UK officials are bound by the European Convention on Human Rights wherever they discharge their duties; and if he will make a statement. [171557]

§ Mr. Straw
Whether the European Convention on Human Rights applies extra-territorially to the actions of UK officials turns upon whether the United Kingdom can be said to be exercising jurisdiction over an individual in the particular circumstances for the purposes of Article 1 of the Convention in accordance with the jurisprudence of the European Court of Human Rights.