Unravelling the Extraterritorial Riddle An Analysis of R (Hassan) v. Secretary of State for Defence

The European Convention on Human Rights imposes an obligation on contracting states to secure the rights of persons within their 'jurisdiction'. Yet, the meaning of 'jurisdiction' is contested, with the result that the extent of states' extraterritorial obligations is unclear. R (Hassan) v. Secretary of State for Defence is the latest in a series of English cases to examine the obligations of the British forces in Iraq. This comment critically assesses the High Court's reasoning, as well as the House of Lords' decision in Al-Skeini on which it relies, and in so doing proposes a more nuanced understanding of 'jurisdiction'.