Case Note on the Supreme Court of Denmark’s Judgment in Green Desert

This case note accounts for and comments on the Supreme Court of Denmark’s recent judgment in the Green Desert case. The Court held that the Ministry of Defence was not liable under Danish tort law for the Danish troops’ participation in the Green Desert operation in 2004 in Iraq, during which a number af Iraqis were detained and later subjected to inhuman treatment by the Iraqi police and military. Moreover, the Supreme Court found that the Iraqis were not within the jurisdiction of Denmark under Article 1 ECHR. The judgment did not address the general rules on state responsibility or international humanitarian law.