The European Court of Human Rights and international humanitarian law
by Jean-Paul Costa and Michael O'Boyle
La Convention européenne des droits de l'homme, un instrument vivant = The European Convention on Human Rights, a living instrument : mélanges en l'honneur de/essays in honour of Christos L. Rozakis
Bruxelles : Bruylant, 2011
The Court is being called, with increasing frequency, to find violations of principles of IHL or to interpret the European Convention of Human Rights against the background of such principles or to make detailed assessments of the state of principles of IHL at a given historical moment. The Court's competence appears to be limited to applying only the provisions of the Convention and its protocols if one considers articles 1, 19 and 32. However, these instruments also form part of general public international law and the Court made it clear that they are to be interpreted against the background of either international treaty law or customary international law. This chapter analyses how international law generally sees the relationship between the two branches of law, what the Convention itself says about IHL and what approach the Court has taken to issues of IHL that have arisen in cases before it.