An exercise in defragmentation : The Grand Chamber judgment in Hassan v UK / Andreas von Arnauld
Document type:
Chapter
Title:
An exercise in defragmentation : The Grand Chamber judgment in Hassan v UK
Author zone:
Andreas von Arnauld
In:
The 'legal pluriverse' surrounding multinational military operations
Editor:
Oxford : Oxford University Press, 2020
Languages:
English
Abstract:
The chapter deals with the Grand Chamber judgment in Hassan v UK. With this judgment, which focused on the multinational forces operating in Iraq under unified command in 2003, the European Court of Human Rights has presented a landmark decision with flaws. While eventually unconvincing in its approach to derogations from Convention obligations under Article 15 ECHR, the Court has boldly freed itself of the constraints of the overly abstract and largely unworkable lex specialis standard and—as far as Europe is concerned—has paved the way to consolidate its role as the main driver of further substantive convergence. The author presents a rigorous analysis of the Hassan case and on this basis shows whether and how the Grand Chamber’s findings will influence the global debate regarding the interplay of IHRL and LOAC in the future.
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