Chapter

The European Court of Human Rights' approach to armed conflict and humanitarian law : ivory tower or pas de deux ?

Cedric De Koker

Convergences and divergences between international human rights, international humanitarian and international criminal law

Cambridge [etc.] : Intersentia, 2018

p. 195-221

English

This chapter discusses the increasing engagement of the European Court of Human Rights (ECtHR)'s dealings with armed-conflict related cases. It examines which trends and evolutions have rendered the strict compartementalisation between the jus in pace and the jus in bello untenable and have led to the introduction of armed conflict-related applications to the Strasbourg Court. It then analyses how the ECtHR has applied the European Human Rights Convention to the actions of the armed forces of State parties engaged in military operations, and the extent to which it has resorted to IHL when interpreting human rights norms.

• More information is available for logged in users

• Convergences and divergences between international human rights, international humanitarian and international criminal law / ed. by Paul De Hert, Stefaan Smis, Mathias Holvoet