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3 - Article 2: Substantive Obligations

Published online by Cambridge University Press:  04 April 2019

Stuart Wallace
Affiliation:
University of Cambridge
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Summary

This chapter explores the application of the substantive obligations in Article 2 of the European Convention on Human Rights (the right to life) to military operations. The chapter begins by setting out the normal Convention standards applied by the European Court of Human Rights under Article 2, such as the condition that force should only be used when absolutely necessary and the positive obligation to protect persons from foreseeable harm. The chapter proceeds to explore the practical difficulties States encounter upholding these obligations during military operations, particularly extra-territorial military operations where the State lacks the institutional support it typically has in its domestic territory. It is argued that the application of Article 2 to military operations is weakening the standards of absolute necessity, proportionality and the positive obligations to protect applied by the Court. The chapter also explores the influence of international humanitarian law over this area of law.
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Publisher: Cambridge University Press
Print publication year: 2019

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  • Article 2: Substantive Obligations
  • 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/10.1017/9781108566469.004
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  • Article 2: Substantive Obligations
  • 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/10.1017/9781108566469.004
Available formats
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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.

  • Article 2: Substantive Obligations
  • 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/10.1017/9781108566469.004
Available formats
×