Has human rights law become lex specialis for the European Court of Human Rights in right to life cases arising from internal armed conflicts?

Abstract

It is generally accepted that although human rights law is applicable in situations of armed conflict, international humanitarian law is lex specialis. However, this may not necessarily be the case with regard to internal armed conflicts, and legal authorities provide contradictory views as to what extent human rights principles are applicable in internal armed conflicts. This article explores the relationship between human rights law and international humanitarian law and considers the jurisprudential approach of the European Court of Human Rights in relation to right to life cases arising out of the internal armed conflicts in Turkey and Chechnya. The paper argues that such case law provides evidence that Strasbourg considers the principles of human rights law as lex specialis in right to life cases arising out of internal armed conflicts.