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The obligation to investigate after a potential breach of article 2 ECHR in an extra-territorial context: Mission impossible for the armed forces?

Quénivet, Noëlle

Authors



Abstract

© The Author(s) 2019. The growing number of military operations conducted by States Party to the European Convention on Human Rights abroad has led to a concomitant surge in court cases, notably relating to the duty to investigate an attack resulting in the death of an individual. Using the example of the British armed forces abroad, this article contends that the principles enunciated by the European Court are difficult, sometimes impossible, to fulfil when military operations are carried out abroad. The Court at times appears to fail to recognise the inherent challenges faced by States in complying with these principles. This article thus suggests that the Court offers a more flexible approach towards compliance with the procedural aspects demanded under Article 2 ECHR, especially regarding the initial phases of the application of Article 2 ECHR, when the armed forces are directly implicated in the procedure.

Citation

Quénivet, N. (2019). The obligation to investigate after a potential breach of article 2 ECHR in an extra-territorial context: Mission impossible for the armed forces?. Netherlands Quarterly of Human Rights, 37(2), 119-138. https://doi.org/10.1177/0924051919844374

Journal Article Type Article
Acceptance Date Dec 21, 2018
Online Publication Date Apr 24, 2019
Publication Date Jun 1, 2019
Deposit Date Jan 3, 2019
Journal Netherlands Quarterly of Human Rights
Print ISSN 0924-0519
Electronic ISSN 2214-7357
Publisher SAGE Publications
Peer Reviewed Peer Reviewed
Volume 37
Issue 2
Pages 119-138
DOI https://doi.org/10.1177/0924051919844374
Keywords Armed forces; investigation; extra-territorial application; Article 2 European Convention on Human Rights
Public URL https://uwe-repository.worktribe.com/output/848233
Publisher URL https://doi.org/10.1177/0924051919844374
Additional Information Additional Information : Copyright © 2019 (SAGE Publications)

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