the right to life in armed conflicts echr

At the same time, the regimes are characterized by different logics, which become most apparent with regard to the protection of the right to life, or the permissibility to kill a person. It is undisputed today that IHRL also applies in situations of armed conflict, and that norms of the two regimes are regularly intertwined. Notwithstanding this, the applicability of the right to life in armed conflict is yet to be fully considered in academic literature.The relationship between international humanitarian law (IHL) and international human rights law (IHRL) has occupied legal scholarship extensively over the last decades. It is equally important that the UN, NATO, NGOs, and other governments not directly involved in the armed conflict are aware of any States’ right to life obligations. The scope and application of the right to life in armed conflict not only concerns parties to the ECHR the predominance of coalition military operations in recent years has necessitated that it is essential for all troop-contributing States to understand the legal limitations of those States bound by the ECHR.

The litigation pursuant to Article 2 is also set to continue as the UK, and many other States with right to life obligations, will continue to use lethal force overseas thus the significance of the issue will remain unabated. Recent litigation has, among other things, prompted the UK government to signal an intention to derogate from Article 2, ECHR, subject to certain caveats, in future armed conflicts. The controversy surrounding the applicability of the right to life during armed conflict makes it arguably one of the most divisive and topical issues at the junction of international humanitarian law and international human rights law. This book aims to close this lacuna and address the issue of the right to life in armed conflict by identifying and analysing the applicable law, citing recent examples of State practice, and offering concrete proposals to ensure that States comply with their right to life obligations.

The right to life in armed conflicts echr