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7 - Derogation

Published online by Cambridge University Press:  04 April 2019

Stuart Wallace
Affiliation:
University of Cambridge
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Summary

This chapter looks at derogations from the European Convention on Human Rights for military operations. It discusses some of the benefits that derogation would have for both the European Court of Human Rights and contracting States to the Convention. It argues that derogations can create flexibility within the legal paradigm governing military operations without exceeding several defined limits. It would compel the European Court of Human Rights to engage with international humanitarian law and provide a sound legal basis for many State activities during military operations. The chapter also considers how the language of Article 15 could function to limit recourse to derogations for certain military operations, particularly extra-territorial military operations. The chapter looks at how Article 15 should be interpreted and applied by the Court to derogations for military operations.
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Publisher: Cambridge University Press
Print publication year: 2019

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  • Derogation
  • Stuart Wallace, University of Cambridge
  • Book: The Application of the European Convention on Human Rights to Military Operations
  • Online publication: 04 April 2019
  • Chapter DOI: https://doi.org/10.1017/9781108566469.008
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  • Derogation
  • Stuart Wallace, University of Cambridge
  • Book: The Application of the European Convention on Human Rights to Military Operations
  • Online publication: 04 April 2019
  • Chapter DOI: https://doi.org/10.1017/9781108566469.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Derogation
  • Stuart Wallace, University of Cambridge
  • Book: The Application of the European Convention on Human Rights to Military Operations
  • Online publication: 04 April 2019
  • Chapter DOI: https://doi.org/10.1017/9781108566469.008
Available formats
×