The obligation to investigate after a potential breach of Article 2 ECHR in an extra-territorial context: Mission impossible for the Armed Forces?

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Quenivet, N. (2019) The obligation to investigate after a potential breach of Article 2 ECHR in an extra-territorial context: Mission impossible for the Armed Forces? Netherlands Quarterly of Human Rights. ISSN 0924-0519 [In Press] Available from: http://eprints.uwe.ac.uk/38897

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Abstract/Description

The growing number of military operations conducted by States party to the European Convention on Human Rights (ECHR) abroad has led to a concomitant surge in court cases, notably relating to the duty to investigate an attack resulting in the death of an individual. Using the example of the British armed forces abroad, this article contends that the principles enunciated by the European Court are difficult, sometimes impossible, to fulfil when military operations are carried out abroad. The Court at times appears to fail to recognise the inherent challenges faced by States in complying with these principles. This article thus suggests that the Court offers a more flexible approach towards compliance with the procedural aspects demanded under Article 2 ECHR, especially with regard to the initial phases of the application of Article 2 ECHR, when the armed forces are directly implicated in the procedure.

Item Type: Article
Additional Information: Copyright © 2019 (SAGE Publications)
Faculty/Department: Faculty of Business and Law > Department of Law
Depositing User: Dr N. Quenivet
Date Deposited: 03 Jan 2019 11:33
Last Modified: 04 Feb 2019 12:53
URI: http://eprints.uwe.ac.uk/id/eprint/38897

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