A regional perspective on the convergence and conflicts of human rights and international humanitarian law in military operations : the European Court of Human Rights
Convergence and conflicts of human rights and international humanitarian law in military operations
Pretoria : Pretoria University Law Press, 2014
In this chapter Karin Oellers-Frahm examines the extent to which the European Court of Human Rights (ECtHR), which has jurisdiction to interpret and apply the European Convention on Human Rights, has to consider international humanitarian law (IHL) as lex specialis in cases that result from armed conflicts. This raises questions as to whether IHL can be directly applicable by the ECtHR ratione materiae; about the limits of the jurisdiction of the ECtHR ratione personae; and the manner in which IHL shapes the ECtHR’s decisions on the merits.