Skip to main content
×
Home
    • Aa
    • Aa
  • Get access
    Check if you have access via personal or institutional login
  • Cited by 3
  • Cited by
    This article has been cited by the following publications. This list is generated based on data provided by CrossRef.

    Borelli, Silvia 2013. Domestic Investigation and Prosecution of Atrocities Committed during Military Operations: The Impact of Judgments of the European Court of Human Rights. Israel Law Review, Vol. 46, Issue. 03, p. 369.


    Ryngaert, Cedric 2012. Apportioning Responsibility between the UN and Member States in UN Peace-Support Operations: An Inquiry into the Application of the ‘Effective Control’ Standard after Behrami. Israel Law Review, Vol. 45, Issue. 01, p. 151.


    Ryngaert, Cedric 2011. THE EUROPEAN COURT OF HUMAN RIGHTS’ APPROACH TO THE RESPONSIBILITY OF MEMBER STATES IN CONNECTION WITH ACTS OF INTERNATIONAL ORGANIZATIONS. International and Comparative Law Quarterly, Vol. 60, Issue. 04, p. 997.


    ×
  • International and Comparative Law Quarterly, Volume 58, Issue 2
  • April 2009, pp. 267-296

AS BAD AS IT GETS: THE EUROPEAN COURT OF HUMAN RIGHTS'S BEHRAMI AND SARAMATI DECISION AND GENERAL INTERNATIONAL LAW

  • Marko Milanović (a1) and Tatjana Papić (a2)
  • DOI: http://dx.doi.org/10.1017/S002058930900102X
  • Published online: 01 April 2009
Abstract
Abstract

This article examines the European Court of Human Rights's encounter with general international law in its Behrami and Saramati admissibility decision, where it held that the actions of the armed forces of States acting pursuant to UN Security Council authorizations are attributable not to the States themselves, but to the United Nations. The article will try to demonstrate that the Court's analysis is entirely at odds with the established rules of responsibility in international law, and is equally dubious as a matter of policy. Indeed, the article will show that the Court's decision can be only be explained by its reluctance to decide on questions of State jurisdiction and norm conflict, the latter issue becoming the clearest when Behrami is compared to the Al-Jedda judgment of the House of Lords.

Copyright
Linked references
Hide All

This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

M Milanović , ‘From Compromise to Principle: Clarifying the Concept of State Jurisdiction in Human Rights Treaties8 Human Rights Law Review (2008) 411

R Wilde , ‘Triggering State Obligations Extraterritorially: The Spatial Test in Certain Human Rights Treaties40 Israel Law Review (2007) 503

A Sari , ‘Jurisdiction and International Responsibility in Peace Support Operations: The Behrami and Saramati Cases8 Human Rights Law Review (2008) 151, 158.

B Fassbender , ‘Quis judicabit? The Security Council, Its Powers and Its Legal Control11 EJIL (2000) 219.

V Gowlland-Debbas , ‘The Limits of Unilateral Enforcement of Community Objectives in the Framework of UN Peace Maintenance11 EJIL (2000) 369

J Friedrich , ‘UNMIK in Kosovo: Struggling with Uncertainty’, 9 Max Planck Yearbook of United Nations Law (2005) 225, 272

N Blokker , ‘Is the Authorization Authorized? Powers and Practice of the UN Security Council to Authorize the Use of Force by “Coalitions of the Able and Willing”11 EJIL (2000) 541, 564 and 565.

J Cerone , ‘Minding the Gap: Outlining KFOR Accountability in Post-Conflict Kosovo12 EJIL (2001) 469

D Kritsiotis , ‘Arguments of Mass Confusion15 EJIL (2004) 233, 241245.

Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

International & Comparative Law Quarterly
  • ISSN: 0020-5893
  • EISSN: 1471-6895
  • URL: /core/journals/international-and-comparative-law-quarterly
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×