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Introduction

Published online by Cambridge University Press:  04 April 2019

Stuart Wallace
Affiliation:
University of Cambridge
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Summary

This chapter outlines the central hypotheses and arguments in the book. It begins by examining the legal bases for the application of the European Convention on Human Rights to all kinds of military operations, including armed conflicts. It explores the main differences between international humanitarian law and human rights law and outlines the legal basis for the European Court of Human Rights to apply international humanitarian law. Two central hypotheses are presented. Firstly, that human rights law could impose standards upon States that are difficult, if not impossible, to achieve during many military operations. Secondly, that applying human rights law to military operations could compromise the integrity and strength of human rights norms. Two central arguments are presented. Firstly, that the European Court of Human Rights needs to openly and transparently engage with international humanitarian law where it is applicable. Secondly, States need to frankly consider their capacity to uphold Convention obligations during military operations and derogate from the Convention where they are unable to uphold those obligations and the Convention permits derogation.
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Publisher: Cambridge University Press
Print publication year: 2019

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  • Introduction
  • 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/10.1017/9781108566469.001
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Save book to Dropbox

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 Dropbox.

  • Introduction
  • 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/10.1017/9781108566469.001
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.

  • Introduction
  • 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/10.1017/9781108566469.001
Available formats
×