The Role of International Humanitarian Law in Human Rights Bodies: A Focus on the European Court of Human Rights

In the absence of a judicial body that would specifically deal with International Humanitarian Law (IHL), the role of its interpretation and enforcement often falls on human rights bodies, like the European Court of Human Rights (ECtHR). This article will begin by recalling the theories developed by the International Committee of the Red Cross (ICRC). An analysis will then be conducted on the interplay between human rights and international humanitarian law within the European Court of Human Rights Jurisprudence. The Court’s judgments in the Al-Jedda and Hassan cases will be examined to understand how ECtHR interprets the relationship between human rights and IHL and, subsequently how this affects the protection granted to individuals by the European Convention on Human Rights.

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From Duty to Dissent: the Legal Boundaries and Ethical Considerations of Conscientious Objection

This article examines the right of conscientious objection, showcasing the legal limits of certain rights and obligations, existing in a complex intersection between human rights and the demands of state security, particularly in a precarious European landscape. Through the legal analysis of European case-law, the article showcases the evolving interpretation and changes in human right doctrines, that can nonetheless be suspended in times of conflict. Commonly known as a right ‘to be enjoyed in peace time’, the evolution of legal and societal considerations of this right reflects the fragile nature of individual rights in the face of collective security needs, inviting to a reflection of what this means for the future of a society that strives for the protection of human rights and peace.

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Climate Justice and its implications on the EU Defence System: a legal analysis

The effects of climate change have become a solid reality that cannot be ignored for human life on Earth. Europe's shifting climate landscape sees a surge in legal battles, highlighting the deepening understanding of the link between environmental well-being and human rights.  This paper analyses the legal framework of so-called climate litigation, where organisations and interest groups litigate a lack of climate action on the part of governments, and its implications for and application to the Defence and Security sector. Indeed, due to the increasing number of legal challenges against governments and institutions for their inaction on climate change, there has been a growing awareness of their role in protecting citizens from increasingly frequent climate events. This awareness has impacted all areas of public governance, including defence. In fact, even the defence sector, faced with this worrying reality, has had to change itself and its practices to comply with the legal framework, which is composed not only of laws but also of judgments that are increasingly openly determining how the state and institutions have a duty to protect their citizens, through comprehensive action, from the reality of climate change.

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