“There was no duty under article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms on the Secretary of State to conduct an inquiry into deaths occurring before the Convention was adopted and the United Kingdom acceded to the Convention. Likewise because there was no common law right to an inquiry no duty arose under customary international humanitarian law.”
WLR Daily, 4th September 2012
Source: www.iclr.co.uk