Chapter X. Collateral Damages of Military Operations: Is Implementation of International Humanitarian Law Possible Using International Human Rights Law Tools?

Abstract

This chapter aims to take part in the largely debated question whether effective remedy is provided for victims of violations of international humanitarian law (IHL). What is highly controversial is whether an individual right to compensation for damage may arise from the ascertainment of state responsibility for ?collateral damages.? It deals with the Varvarin and the Markovic cases, brought in German and Italian courts, respectively. The two cases under examination are an outstanding example of the complexity of the problem of ensuring an effective remedy when provisions of international humanitarian law are breached. Neither domestic courts and tribunals, nor the intervention of the Strasbourg Court?the organ established to supervise and implement the European system of protection of human rights?offered a valid safeguard. In both cases under examination, treaties on humanitarian law are considered to create rights and obligations ?among states.?. Keywords: collateral damages; individual right; international human rights law; international humanitarian law (IHL); Markovic cases; military operations; Strasbourg Court; Varvarin case; victims