Breakfast Briefing with Anne Østrup

Taking notes

‘Jurisdiction in relation to Extraterritorial Investigations in Military Operations: The Practice of the ECtHR in Hanan v Germany and beyond’

Abstract:

The long awaited February 2021 judgment of the Grand Chamber of the European Court of Human Rights in Hanan v. Germany in particular raised the question of what constitutes a jurisdictional link engaging the obligation to investigate civilian deaths during active hostilities in an extraterritorial armed conflict. Starting from a discussion of the Court’s approach in Hanan and other recent cases (e.g. Georgia v Russia no. 2) as regards the so-called “special features” establishing jurisdiction under Article 1 of the ECHR, Anne Østrup will outline the current state of the law concerning the obligation to conduct extraterritorial investigations in military operations.

About the speaker:

Anne Østrup is Special Adviser on International Humanitarian Law to the Danish Military Prosecutor General and a former researcher and teacher of international law at the University of Copenhagen. She will be speaking in a personal capacity and the views presented are not those of the Danish Military Prosecutor General.

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See a list of all the Breakfast Briefings for Spring 2022.