R (on the application of Smith) v Secretary of State for Defence
[2010] UKSC 29
Independent editorial summary — not the official judgment. Read the full judgment via the source link.
Ratio Decidendi
Soldiers serving abroad on military operations remain within the jurisdiction of the UK for the purposes of Article 1 ECHR when on a UK military base, but the position is less clear for soldiers on patrol.
Facts
Private Jason Smith died of heatstroke while serving in Iraq. His mother challenged the scope of the inquest, arguing that Article 2 ECHR applied to his death and required a broader investigation into systemic failures.
Judgment Summary
The Supreme Court held (by majority) that while a soldier inside a UK military base abroad was within UK jurisdiction for ECHR purposes, the position was more complex for soldiers on active patrol. The court ordered an enhanced inquest to examine the wider circumstances of the death.
Key Quotes
"In Al-Skeini (see paras 6, 61, 90, 97 and 132) the House of Lords decided that the United Kingdom as an occupying power did not, except within its military bases, have sufficient effective control over any territory of Iraq to bring such territory within its jurisdiction under article 1 of the European Convention on Human Rights."
— Lord Phillips(verbatim, verified against the judgment)
Subsequent Treatment
Extended by Smith v MOD [2013] regarding equipment decisions.
What To Do Next
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