Hassan v United Kingdom

In an international armed conflict, article 5 of the Convention is to be interpreted in harmony with international humanitarian law, so detention of a person under the Geneva Conventions did not breach it.

Citation
(2016) 61 EHRR 18
Court
European Court of Human Rights (Grand Chamber)
Year
2016
Subject
Public International Law
Topic
Use of force, armed conflict and international criminal law

Facts

Tarek Hassan was captured by British forces in Iraq in April 2003, during the international armed conflict following the invasion, and was held at a detention camp for a few days before being released after it was decided that he was a civilian who posed no threat. His body was later found elsewhere. His brother complained that his detention breached article 5, because it did not fall within any of the permitted grounds of detention in article 5(1), and the United Kingdom had not derogated from the Convention.

Legal principle

The Grand Chamber held that there had been no violation of article 5. The court said that the Convention must be interpreted in harmony with other rules of international law, including international humanitarian law, and that, in an international armed conflict, the taking of prisoners of war and the detention of civilians who pose a risk to security, in accordance with the Third and Fourth Geneva Conventions, should be accommodated within the grounds permitted by article 5(1), even without a formal derogation. The detention must comply with the rules of humanitarian law, including the requirement of regular review, and must not be arbitrary. Mr Hassan's detention was consistent with these requirements.

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