Application of international humanitarian law by the European Court of Human Rights

Abstract

The problem of human rights protection is particularly acute during armed conflicts, when the most widespread and serious human rights violations occur. International humanitarian law is a reliable tool for countering such violations, specifically through the implementation of its norms alongside the European Convention on Human Rights in the judgments of the European Court of Human Rights. The purpose of this study was to make some generalisations about the approaches of the European Court of Human Rights to determining the relationship and correlation between the European Convention on Human Rights and inter- national human rights law, international humanitarian law, and the limits and conditions of application of international humanitarian law by the European Court of Human Rights. The study employed a combination of methods of cognition to collect, analyse, and interpret information, namely: documentary, statistical, legal, historical, and critical. The chosen methodology ensures the objectivity and reliability of the study. The study was based on the judgments of the European Court of Human Rights, which examine, analyse, and apply international humanitarian law, as well as on academic publications, recommendations and explanations of international institutions, experts, and human rights organisations regarding the relationship between inter- national human rights law, the European Convention on Human Rights and international humanitarian law, and the possibility of their simultaneous application. The study summarised a range of legal positions of the European Court of Human Rights, which helped to identify the principal approaches and trends in the applica- tion of international humanitarian law in the consideration of complaints of human rights violations in armed conflicts, including the expansion of the practice of applying international humanitarian law, strengthening the protection of human rights in armed conflict, and attention to new challenges associated with armed conflicts. The practical significance of the study lies in the fact that it contributes to a better understanding of international humanitarian law and the legal positions of the Court, and to the development of additional mechanisms for ensuring respect for human rights and international humanitarian law

Keywords

• european convention on human rights
• international human rights law
• legal position
• law enforcement
• armed conflict