Wallace, S. orcid.org/0000-0001-6871-0074 (2024) Military Operations and Withdrawal From the European Convention on Human Rights. European Convention on Human Rights Law Review. ISSN 2666-3228
Abstract
This comment explores the links between the application of the European Convention on Human Rights (Convention or echr) to military operations and critiques of the Convention in the United Kingdom. It argues strongly against the idea that it is ‘anomalous’ and ‘unprincipled’ to extend the application of the echr to overseas military operations. It also argues that the UK should be capable of discharging basic human rights protections, such as effectively investigating allegations their soldiers have committed murder or torture, without compromising national security. The second section reflects on the consequences of withdrawal. It examines how the application of the echr to military operations has improved the transparency and accountability of the UK Government and offered several tools to secure the ongoing accountability of the Government. It is argued that withdrawal from the Convention would compromise this process of increasing accountability and remove these beneficial tools.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © Stuart Wallace, 2024. This is an open access article under the terms of the Creative Commons Attribution License (CC-BY 4.0), which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited. |
Keywords: | military operations; human rights; European Convention; effective investigation; right to life; prohibition on torture; denunciation; withdrawal |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 14 Mar 2024 11:27 |
Last Modified: | 14 Mar 2024 11:27 |
Status: | Published online |
Publisher: | Brill |
Identification Number: | 10.1163/26663236-bja10080 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:210241 |