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The Reception of International Law in the European Court of Human Rights$
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Magdalena Forowicz

Print publication date: 2010

Print ISBN-13: 9780199592678

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199592678.001.0001

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International Humanitarian Law

International Humanitarian Law

(p.313) VIII International Humanitarian Law
The Reception of International Law in the European Court of Human Rights

Magdalena Forowicz

Oxford University Press

The Court has rarely resorted explicitly to the Geneva Conventions and the Additional Protocols, preferring to rely on its own approach. This happened despite the existence of an elaborate framework of law which is already applicable to situations of armed conflict. This chapter first analyses the purpose and status of international humanitarian law. In this context the case law of the ECtHR referring to situations of armed conflict is reviewed. It is demonstrated that the Court has used an approach to situations of armed conflict which is based on the ECHR and on the indirect application of International Humanitarian Law. Finally, it is argued that the Court has departed from the international practice in this field, but that it has nonetheless achieved results similar to IHL.

Keywords:   lex specialis, precautions principle, non-international conflict, Turkey, PKK, Chechnya, investigation

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