Recommendation 37

Unless the UK successfully renegotiates the scope of extraterritorial jurisdiction under the Convention to exclude overseas military operations, if the Government 116 Legislative Scrutiny: Bill of Rights Bill wants to bring clause 14 into force it will have to ensure that effective remedies are still available in domestic law for breaches of Convention rights which occur in the course of overseas military operations. If the UK enacts alternative remedies to ‘fill the gap’ left by clause 14, these must be effective within the meaning of Article 13 ECHR (i.e., the remedy must be effective in practice and its exercise must not be unjustifiably hindered by the state). These alternative remedies must be considered by Parliament and subject to proper scrutiny to assess Convention-compliance. Any failure to provide for effective remedies for breaches of Convention rights in domestic law will result in increased litigation in Strasbourg.