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.

0 Comments