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McCann v. United Kingdom | 21 E.H.R.R. 97 (1995)
An international court considered the legality of anti-terrorist operations in McCann versus United Kingdom.
Authorities in the United Kingdom, Spain, and Gibraltar learned that the Irish Republican Army planned for Daniel McCann, Sean Savage, and Mairead Farrell, all of whom had previously handled or detonated explosives, to detonate a car bomb during a military ceremony in Gibraltar. Based on the group’s prior attacks, the authorities determined that the suspects possibly planned to use a push-button radio-controlled detonator. Authorities also believed that, if confronted, the suspects would immediately detonate the bomb. The military’s rules of engagement authorized the use of deadly force only if soldiers reasonably believed that the suspect was then committing or about to commit an action endangering human life, and no other way existed to prevent that action.
Authorities observed the suspects cross the border into Gibraltar. As the suspects parked their car and proceeded on foot, two undercover soldiers followed them. Savage split away from McCann and Farrell. One soldier followed McCann and Farrell, and the other followed Savage.
McCann realized that he and Farrell were being followed. McCann’s hand moved suddenly across his body as Farrell grabbed for her handbag. The soldier drew his pistol and shot both suspects repeatedly, to prevent either from possibly detonating the bomb.
The soldier following Savage yelled for him to stop, then heard the gunfire. Savage spun around and reached for his right hip area. Believing Savage may’ve been reaching for a detonator, the soldier shot Savage nine times in rapid succession.
All three suspects were killed. Neither of the soldiers identified themselves, ordered the suspects to surrender, or gave them any chance to surrender. Some evidence suggested that the soldiers may’ve continued shooting one or more of the suspects while they lay on the ground.
None of the suspects carried a detonator. Farrell’s handbag contained car keys. Inside that car, police found keys to a second car containing a large explosive device connected to two timers.
A Gibraltar coroner’s jury investigated, then ruled that the killings were lawful. The suspects’ families unsuccessfully sued the Ministry of Defence in Northern Ireland. The families then sued in the European Commission of Human Rights alleging violations of the European Convention on Human Rights. After evidentiary hearings, the commission ruled that the soldiers hadn’t violated the convention. That decision was referred to the European Court of Human Rights.
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