The Application Of The European Convention On Human Rights To Military Operations
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| Author | : Stuart Wallace |
| Publisher | : Cambridge University Press |
| Total Pages | : 277 |
| Release | : 2019-04-11 |
| Genre | : Law |
| ISBN | : 1108645127 |
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.
| Author | : Karen da Costa |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 334 |
| Release | : 2012-10-12 |
| Genre | : Political Science |
| ISBN | : 9004227180 |
In recent years, the question of whether and to what extent states are bound by human rights treaty obligations when they act abroad has given rise to considerable debate in academic circles, courtrooms and military operations. Focusing on treaties considerably jeopardized during the ‘war on terror’, namely the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the Convention against Torture,The Extraterritorial Application of Selected Human Rights Treaties takes stock of the key developments informing the discussion to date. Together with the wording of treaties, critical analysis is made of the ensuing interpretation of treaty provisions by monitoring bodies and states parties. A way forward in this debate is suggested, accommodating conflicting interests while preserving the effective protection of basic rights.
| Author | : Steven Greer |
| Publisher | : Cambridge University Press |
| Total Pages | : 33 |
| Release | : 2006-11-30 |
| Genre | : Law |
| ISBN | : 1139461966 |
This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.
| Author | : William A. Schabas |
| Publisher | : Oxford University Press |
| Total Pages | : 1433 |
| Release | : 2015-09-24 |
| Genre | : Law |
| ISBN | : 019106677X |
The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.
| Author | : Marko Milanovic |
| Publisher | : Oxford University Press |
| Total Pages | : 301 |
| Release | : 2011-07-14 |
| Genre | : Law |
| ISBN | : 0199696209 |
Expanded version of author's thesis (doctoral)--University of Cambridge, 2010.
| Author | : Peter Kempees |
| Publisher | : International Studies in Human |
| Total Pages | : 415 |
| Release | : 2020-11-19 |
| Genre | : Law |
| ISBN | : 9789004425637 |
The European Convention on Human Rights is now crucial to decisions to be taken by the military and their political leaders in 'hard power' situations - that is, classical international and non-international armed conflict, belligerent occupation, peacekeeping and peace-enforcing and anti-terrorism and anti-piracy operations, but also hybrid warfare, cyber-attack and targeted assassination. Guidance is needed, therefore, on how Convention law relates to these decisions.0That guidance is precisely what this book aims to offer. It focuses primarily on States' accountability under the Convention, but also shows that human rights law, used creatively, can actually help States achieve their objectives.
| Author | : Stuart Wallace |
| Publisher | : |
| Total Pages | : 440 |
| Release | : 2015 |
| Genre | : Convention for the Protection of Human Rights and Fundamental Freedoms |
| ISBN | : |
| Author | : Lisa McIntosh Sundstrom |
| Publisher | : Oxford University Press |
| Total Pages | : 424 |
| Release | : 2019-02-01 |
| Genre | : Law |
| ISBN | : 0190932856 |
Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.
| Author | : Octavian Ichim |
| Publisher | : Cambridge University Press |
| Total Pages | : 411 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 1107072360 |
The most comprehensive account on the question of reparation before a human rights court.
| Author | : Steven Greer |
| Publisher | : Cambridge University Press |
| Total Pages | : 562 |
| Release | : 2018-03-29 |
| Genre | : Law |
| ISBN | : 1108647456 |
Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.
