HASSAN v. THE UNITED KINGDOM – JUDGMENT
41
they were in occupation, and before the United Kingdom had assumed
responsibility for the maintenance of security in the South East of the
country (see Al-Skeini, cited above, §§ 10-11). However, as in Al-Skeini, the
Court does not find it necessary to decide whether the United Kingdom was
in effective control of the area during the relevant period, because it finds
that the United Kingdom exercised jurisdiction over Tarek Hassan on
another ground.
76. Following his capture by British troops early in the morning of
23 April 2003, until he was admitted to Camp Bucca later that afternoon,
Tarek Hassan was within the physical power and control of the United
Kingdom soldiers and therefore fell within United Kingdom jurisdiction
under the principles outlined in paragraph 136 of Al-Skeini, set out above.
The Government, in their observations, acknowledged that where State
agents operating extra-territorially take an individual into custody, this is a
ground of extra-territorial jurisdiction which has been recognised by the
Court. However, they submitted that this basis of jurisdiction should not
apply in the active hostilities phase of an international armed conflict, where
the agents of the Contracting State are operating in territory of which they
are not the occupying power, and where the conduct of the State will instead
be subject to the requirements of international humanitarian law.
77. The Court is not persuaded by this argument. Al-Skeini was also
concerned with a period when international humanitarian law was
applicable, namely the period when the United Kingdom and its coalition
partners were in occupation of Iraq. Nonetheless, in that case the Court
found that the United Kingdom exercised jurisdiction under Article 1 of the
Convention over the applicants’ relatives. Moreover, to accept the
Government’s argument on this point would be inconsistent with the
case-law of the International Court of Justice, which has held that
international human rights law and international humanitarian law may
apply concurrently (see paragraphs 35-37 above). As the Court has observed
on many occasions, the Convention cannot be interpreted in a vacuum and
should so far as possible be interpreted in harmony with other rules of
international law of which it forms part (see, for example, Al-Adsani
v. the United Kingdom [GC], no. 35763/97, § 55, ECHR 2001-XI). This
applies equally to Article 1 as to the other articles of the Convention.
78. With regard to the period after Tarek Hassan entered Camp Bucca,
the Government raise an alternative ground for excluding jurisdiction,
namely that his admission to the Camp involved a transfer of custody from
the United Kingdom to the United States. However, notwithstanding the
Government’s textual arguments based on the terms of the MOA and on
Article 12 of the Third Geneva Convention (see paragraphs 16, 33 and 72
above), the Court is of the view that, having regard to the arrangements
operating at Camp Bucca, during this period Tarek Hassan continued to fall
under the authority and control of United Kingdom forces. He was admitted
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