Human rights — Right to liberty — Permissible deprivations — Detention to prevent a person effecting an unauthorized entry into a country — Effect of principle that sovereign States may regulate entry of aliens into their territory — Whether detention conditional upon necessity or likelihood of person absconding or acting contrary to public good — Meaning of unauthorized entry — Relevance of arbitrariness and proportionality — European Convention on Human Rights, 1950 — The law of England

Human rights — Nature and scope of human rights treaties — European Convention on Human Rights, 1950 — Article 1 — Duty of parties to secure the rights and freedoms under the Convention to persons within their jurisdiction — Extent of jurisdiction — Persons outside the territory of a Contracting State — Whether within its jurisdiction — Jurisdiction essentially territorial and extraterritorial applications requiring special justification — Effective control of an area outside the territory of a State Party — Whether extending to areas outside the territory of any of the Member States of the Council of Europe — Concept of effective control — Whether to be equated with criteria for belligerent occupation — Extraterritorial jurisdiction on the basis of the exercise of authority by State agents — Prisoner detained in military detention facility in occupied territory — Whether prisoner within the jurisdiction of detaining State

Jurisdiction — Concept of jurisdiction in international law — Jurisdiction primarily territorial — Circumstances in which jurisdiction of State extends beyond its borders — Effective control of area in the territory of one State by the armed forces of another State — European Convention on Human Rights, 1950 — Article 1 — Whether capable of extending to territory outside the Member States of the Council of Europe — Jurisdiction on the basis of exercisable authority over individual

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Human Rights Act 1998 — Whether Human Rights Act intended to apply to acts of United Kingdom public authorities outside the territory of the United Kingdom — Purpose of Act to give effect in domestic law to the provisions of the Convention — Whether application of the Act co-extensive with application of the Convention

War and armed conflict — Occupation — Occupation of Iraq in 2003 — Creation by the United States of America and United Kingdom of Coalition Provisional Administration — Position of United Kingdom forces in South East Iraq — United Kingdom forces accepted as being in belligerent occupation of part of Iraq — Whether that part of Iraq falling within the jurisdiction of the United Kingdom for the purposes of the European Convention on Human Rights, 1950 — Whether United Kingdom forces possessing effective control of that part of Iraq — The law of England