R (Smith) v Secretary of State for Defence [2009] EWCA Civ 441

(1) A British soldier who is on military service in Iraq is subject to the jurisdiction of the UK within the meaning of Article 1 of the Convention, so as to benefit from the rights guaranteed by the HRA while operating in Iraq, and not only when he is on a British military base or in a British hospital. (2) The inquest into the claimant's death must confirm with Article 2 standards in the scope of the investigation and nature of the verdict.

Related judgments

R (Smith) v Secretary of State for Defence [2010] UKSC 29

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