HASSAN v. THE UNITED KINGDOM JUDGMENT – SEPARATE OPINION 59 the civilian detained on such grounds may remain interned indefinitely and not be released. Secondly, as the majority correctly acknowledges, albeit implicitly, the legal principle underlying the existence of this novel understanding of the exhaustive grounds of detention under Article 5 § 1 cannot be limited to acts on the territory of States not parties to the Convention in circumstances where a Contracting State exercises extra-territorial jurisdiction under Article 1. It must, conceptually and in principle, also be applicable within the Convention’s legal space; this effectively has the consequence that today’s holding must logically mean that where a Contracting State is engaged in international armed conflict with another Contracting State, it is permitted under the Convention for the belligerents to invoke their powers of internment under the Third and Fourth Geneva Conventions without having to go through the openly transparent and arduous process of lodging a derogation from Article 5 § 1, the scope and legality of which is then subject to review by the domestic courts, and if necessary, by this Court under Article 15. 6. In sum, the majority’s resolution of this case constitutes, as I will explain more fully below, an attempt to reconcile norms of international law that are irreconcilable on the facts of this case. As the Court’s judgment does not conform with the text, object or purpose of Article 5 § 1 of the Convention, as this provision has been consistently interpreted by this Court for decades, and the structural mechanism of derogation in times of war provided by Article 15, I respectfully dissent from the majority’s finding that there has been no violation of Tarek Hassan’s fundamental right to liberty. II. 7. Article 5 § 1 of the Convention enshrines one of the most fundamental of all human rights, namely the protection of the individual against arbitrary interference by the State with his or her right to liberty. As the Grand Chamber of this Court recently confirmed in the case of Al-Jedda v. the United Kingdom [GC], no. 27021/08, 7 July 2011, § 99, the “text of Article 5 makes it clear that the guarantees it contains apply to ‘everyone’”. Sub-paragraphs (a) to (f) of Article 5 § 1 contain an exhaustive list of permissible grounds on which persons may be deprived of their liberty (see Al-Jedda v. the United Kingdom, loc. cit). No deprivation of liberty will be compatible with Article 5 § 1 unless it falls within one of those grounds or unless it is provided for by a lawful derogation under Article 15 of the Convention, which allows for a State “in time of war or other public emergency threatening the life of the nation” to take measures derogating from its obligations under Article 5 “to the extent strictly required by the exigencies of the situation” (see, inter alia, Ireland v. the United Kingdom,