Chapter XII. The Right to Life in International HumanitariaLaw and Human Rights Law

Abstract

This chapter examines the jurisprudence of European Court of Human Rights in relation to the right to life in times of armed conflict, with a specific focus on a series of judgments delivered on February 24, 2005 relating to violations committed on the territory of Chechen Republic in the Russian Federation. It explores the possibility that human rights bodies reach beyond treaties that established them and draw upon the principles of law of armed conflict. It examines the application, sub silentio , of international humanitarian rules by European Court of Human Rights. Then the right to life as protected by Convention is analysed. Particular attention is paid to principles which are usually connected with IHL. The chapter compares principles found in IHL to the jurisprudence of the European Court of Human Rights and examines whether HRL provides a pertinent and arguably more accurate framework to gauge the lawfulness of military operations. Keywords: armed conflict; Chechen Republic; European Court of Human Rights; human rights law (HRL); international humanitarian law (IHL); military operations; right to life; sub silentio