Jaloud v Netherlands and Hassan v United Kingdom : time for a principled approach in the application of the ECHR to military action abroad
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Questions of international law : zoom in, Vol. 16, 2015, p. 25-43
In this article, Silvia Borelli starts from the assumption that the supporters of international humanitarian law (IHL) and international human rights law (IHRL) prioritize different values and that inquiring which of the two system is more appropriate to regulate the conduct of States in situations of armed conflict is therefore sterile. She rather focuses her contribution on the question of how IHRL instruments such as the European Convention may apply (in practice) in the context of military operations abroad. In her opinion the recent stand taken by European Court in the Hassan case is far from satisfactory and creates problems of uncertainty.
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