The European court of human rights and international humanitarian law
Research handbook on human rights and humanitarian law
Cheltenham ; Northampton : E. Elgar, 2013
Whilst, historically, it is probably fair to say that the European court of human rights encountered a relatively limited range of cases in which humanitarian law was relevant, even when given the opportunity to use humanitarian law as just such and interpretative device, it has chosen not to do so. This chapter assesses the approach of the Court to those situations where state forces have been engaged in hostilities and where an appreciation of the rules and application of international humanitarian law might therefore be seen to be necessary or, at least, helpful in addressing the existence of human rights violations. Three such categories can be identified: namely, cases arising in the context of internal armed conflicts; cases involving the extra-territorial use of military force; and article 7 cases, arising from domestic prosecution for violations of the laws of war, and necessitating an understanding of the state of the law in historical context.