60 HASSAN v. THE UNITED KINGDOM JUDGMENT – SEPARATE OPINION 18 January 1978, § 194, Series A no. 25, and A. and Others v. the United Kingdom [GC], no. 3455/05, §§ 162 and 163, ECHR 2009-...). Furthermore, and as the majority correctly acknowledges in paragraph 97, it has “long been established that the list of grounds of permissible detention in Article 5 § 1 does not include internment or preventive detention where there is no intention to bring criminal charges within a reasonable time” (see Al-Jedda v. the United Kingdom, cited above, § 100). 8. The Convention applies equally in both peacetime and wartime. That is the whole point of the mechanism of derogation provided by Article 15 of the Convention. There would have been no reason to include this structural feature if, when war rages, the Convention’s fundamental guarantees automatically became silent or were displaced in substance, by granting the Member States additional and unwritten grounds for limiting fundamental rights based solely on other applicable norms of international law. Nothing in the wording of that provision, when taking its purpose into account, excludes its application when the Member States engage in armed conflict, either within the Convention’s legal space or on the territory of a State not Party to the Convention. The extra-jurisdictional reach of the Convention under Article 1 must necessarily go hand in hand with the scope of Article 15 (see Bankovič and Others v. Belgium and Others [GC], no. 52207/99, § 62, 12 December 2001). 9. It follows that if the United Kingdom considered it likely that it would be “required by the exigencies of the situation” during the invasion of Iraq to detain prisoners of war or civilians posing a threat to security under the rules of the Third and Fourth Geneva Conventions, a derogation under Article 15 was the only legally available mechanism for that State to apply the rules on internment under international humanitarian law without the Member State violating Article 5 § 1 of the Convention. It bears reiterating that a derogation under Article 15 will not be considered lawful under the first paragraph of that provision if the measures implemented by the Member State are “inconsistent with its other obligations under international law”. In reviewing the legality of a declaration lodged by a Member State to the Convention within the context of an international armed conflict, the domestic courts, and, if need be, this Court, must thus examine whether the measures in question are in conformity with the State’s obligations under international humanitarian law. III. 10. The majority’s finding that the “grounds of permitted deprivation of liberty set out in subparagraphs (a) to (f) of that provision should be accommodated, as far as possible, with the taking of prisoners of war and the detention of civilians who pose a risk to security under the Third and Fourth Geneva Conventions”, is primarily based on an application of