UK Constitutional Law Association
*Editors’ note: this post is part of a series on ‘The Human Rights Act After 22 Years’, following theSLS Annual Seminarheld in November 2022.You can read the first post in the serieshere.*
With the reinstatement of Dominic Raab as Secretary of State for Justice, the Bill of Rights Bill, currently before Parliament, is once again a possibility only weeks after Liz Truss halted its progression on account that it was a ‘complete mess’. This post examines the Bill’s provisions on overseas military operations, how they compare with the UK judiciary’s approach, the Overseas Operations (Service Personnel and Veterans) Act 2021, and the European Court of Human Rights (ECtHR) jurisprudence. Also highlighted are other extraterritoriality issues outside overseas military operations that the UK will have to consider.
The main extraterritoriality issue that the Bill addresses explicitly is overseas military operations. Clause 14 states that a…
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