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9 - The Other Enemy

Transnational Terrorists, Armed Attacks, and Armed Conflicts

from Part II - Mechanisms for Restraining the Unlawful Use of Force and Enhancing Accountability

Published online by Cambridge University Press:  21 May 2018

Leila Nadya Sadat
Affiliation:
Washington University, St Louis
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Summary

After many years of controversy and judgments on the matter, it is now fairly settled that the European Convention on Human Rights (ECHR or Convention) continues to apply in situations of armed conflict and in cases of extraterritorial detention. Against this backdrop, in Hassan the European Court of Human Rights had the opportunity to turn to some of the more specific, follow-up questions regarding the interplay of the law of armed conflict and human rights law, particularly with respect to the right to liberty and in the context of an international armed conflict. The Hassan judgment presents as many new questions as it contains answers. Nonetheless, it consolidates the trend towards complementarity, mutual reinforcement and substantive convergence and presents a new—albeit still rather rudimentary and yet to be fully developed— (European) approach for the systemic integration of law of armed conflict and human rights law.
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Publisher: Cambridge University Press
Print publication year: 2018

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