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4 - Article 2 Procedural 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 procedural obligations in Article 2 of the European Convention on Human Rights (the right to life) to military operations. It begins by outlining the scope of the obligations the State must uphold. States must investigate the circumstances of deaths and the infliction of life-threatening injuries. This typically necessitates extensive institutional support – police, pathologists etc. The chapter considers how discrete elements of the procedural obligations in Article 2 apply and whether it is genuinely possible for States to carry out prompt, independent, transparent and effective investigations during domestic and extra-territorial military operations when institutional support from police etc. may be limited. The chapter identifies inconsistencies in the Court’s approach to this area of law analysing the cases of Jaloud v. Netherlands and Al-Skeini and Others v. United Kingdom. It considers different options to mitigate the impact of the obligations on States and reconcile those obligations with international humanitarian law, specifically different ways of interpreting the obligations and derogation.
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Chapter
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Publisher: Cambridge University Press
Print publication year: 2019

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  • Article 2 Procedural 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/10.1017/9781108566469.005
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  • Article 2 Procedural 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/10.1017/9781108566469.005
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 Procedural 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/10.1017/9781108566469.005
Available formats
×