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The Application of the European Convention on Human Rights to Military Operations

  • Date Published: April 2019
  • availability: Available
  • format: Hardback
  • isbn: 9781108475181


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About the Authors
  • The European Convention on Human Rights is being applied to military operations of every kind from internal operations in Russia and Turkey, to international armed conflicts in Iraq, Ukraine and elsewhere. This book exposes the challenge that this development presents to the integrity and universality of Convention rights. Can states realistically investigate all instances where life is lost during military operations? Can the Convention offer the same level of protection to soldiers in combat as it does to its citizens at home? How can we reconcile the application of the Convention with other international law applicable to military operations? This book offers detailed analysis of how the Convention applies to military operations of all kinds. It highlights the creeping relativism of the standards applied by the European Court of Human Rights to military operations and offers guidance on how to interpret and apply the Convention to military operations.

    • Examines how the European Convention on Human Rights applies to domestic and extra-territorial military activities, such as belligerent occupation, use of force and detention
    • Provides comprehensive analysis of how the right to life applies to military operations and covers everything from proportionality in the use of force, to investigations of deaths, and the protection of soldiers in the field
    • Explores the relationship between international humanitarian law and the European Convention on Human Rights from unique perspectives and offers practical guidance on how to resolve conflicts between these bodies of law
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    Reviews & endorsements

    'The book is well structured, and the author constructs a clear and convincing argument throughout. Without question, Wallace has provided an intriguing contribution to this controversial area of law with a book that is interesting and thought-provoking. For these reasons, the book would definitely be a worthwhile purchase.' Liam Halewood, Liverpool Law Review

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    Product details

    • Date Published: April 2019
    • format: Hardback
    • isbn: 9781108475181
    • length: 272 pages
    • dimensions: 234 x 156 x 19 mm
    • weight: 0.52kg
    • availability: Available
  • Table of Contents

    1. Jurisdiction over domestic military operations
    2. Jurisdiction over extra-territorial military operations
    3. Article 2: substantive obligations
    4. Article 2: procedural obligations
    5. Norm conflict
    6. Article 7
    7. Derogation

  • Author

    Stuart Wallace, University of Cambridge
    Stuart Wallace is Director of Studies and Lecturer in Law at Homerton College, University of Cambridge, where he teaches human rights law. He holds an LL.M. in International Human Rights Law from the Irish Centre for Human Rights and a Ph.D. from the University of Nottingham. He has previously worked at the European Court of Human Rights, the International Criminal Court and the Human Rights Law Centre at the University of Nottingham.

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