The Application of the European Convention on Human Rights to Military Operations
$130.00 (C)
- Author: Stuart Wallace, University of Cambridge
- Date Published: May 2019
- availability: Available
- format: Hardback
- isbn: 9781108475181
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130.00
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Hardback
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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.
Read more- 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
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
See more reviews'… he has written a fine monograph that makes an insightful and illuminating contribution to an important and evolving area of law.' Ian Park, Law Quarterly Review
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×Product details
- Date Published: May 2019
- format: Hardback
- isbn: 9781108475181
- length: 272 pages
- dimensions: 234 x 156 x 19 mm
- weight: 0.52kg
- availability: Available
Table of Contents
Introduction
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
Conclusion.
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