Hassan v United Kingdom: The Interaction of Human Rights Law and International Humanitarian Law with regard to the Deprivation of Liberty in Armed Conflicts
In 'Hassan' v 'United Kingdom', the Grand Chamber of the European Court of Human Rights reviewed the deprivation of liberty of a young male by British armed forces during the phase of active hostilities in Iraq, which had raised issues relating...
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| Format: | Article |
| Language: | English |
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Ubiquity Press
2015-08-01
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| Series: | Utrecht Journal of International and European Law |
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| Online Access: | http://www.utrechtjournal.org/jms/article/view/191 |
| _version_ | 1819173843063799808 |
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| author | Cedric De Koker |
| author_facet | Cedric De Koker |
| author_sort | Cedric De Koker |
| collection | DOAJ |
| description | In 'Hassan' v 'United
Kingdom', the Grand Chamber of the European Court of Human Rights reviewed the
deprivation of liberty of a young male by British armed forces during the phase of
active hostilities in Iraq, which had raised issues relating to extraterritoriality, the
right to liberty and security in times of armed conflict and the relationship between
international humanitarian law (IHL) and human rights law (HRL).1 In its judgment of 16
September 2014, the Court ruled that by reason of the co-existence of the safeguards
provided by IHL and by the European Convention on Human Rights (ECHR) in time of armed
conflict, the grounds of permitted deprivation of liberty found in both bodies of law
should, as far as possible, be accommodated and applied concomitantly. The greatest
merit of the judgment is that for the first time it explicitly offered its view on the
interaction between IHL and HRL and did not rely on the lex specialis principle, the
traditional but flawed method for explaining the relationship between these spheres of
law. However, the judgment is also a missed opportunity as the Court limited its
analysis to the case at hand and provided limited guidance for the future, leaving a
number of questions unaddressed. |
| first_indexed | 2024-12-22T20:29:31Z |
| format | Article |
| id | doaj.art-ff9786620d3a468a890bc5a6d7eaf4f3 |
| institution | Directory Open Access Journal |
| issn | 2053-5341 |
| language | English |
| last_indexed | 2024-12-22T20:29:31Z |
| publishDate | 2015-08-01 |
| publisher | Ubiquity Press |
| record_format | Article |
| series | Utrecht Journal of International and European Law |
| spelling | doaj.art-ff9786620d3a468a890bc5a6d7eaf4f32022-12-21T18:13:38ZengUbiquity PressUtrecht Journal of International and European Law2053-53412015-08-0131819096109Hassan v United Kingdom: The Interaction of Human Rights Law and International Humanitarian Law with regard to the Deprivation of Liberty in Armed ConflictsCedric De Koker0PhD Candidate, Institute for International Research on Criminal Policy, Ghent University (Belgium).In 'Hassan' v 'United Kingdom', the Grand Chamber of the European Court of Human Rights reviewed the deprivation of liberty of a young male by British armed forces during the phase of active hostilities in Iraq, which had raised issues relating to extraterritoriality, the right to liberty and security in times of armed conflict and the relationship between international humanitarian law (IHL) and human rights law (HRL).1 In its judgment of 16 September 2014, the Court ruled that by reason of the co-existence of the safeguards provided by IHL and by the European Convention on Human Rights (ECHR) in time of armed conflict, the grounds of permitted deprivation of liberty found in both bodies of law should, as far as possible, be accommodated and applied concomitantly. The greatest merit of the judgment is that for the first time it explicitly offered its view on the interaction between IHL and HRL and did not rely on the lex specialis principle, the traditional but flawed method for explaining the relationship between these spheres of law. However, the judgment is also a missed opportunity as the Court limited its analysis to the case at hand and provided limited guidance for the future, leaving a number of questions unaddressed.http://www.utrechtjournal.org/jms/article/view/191Deprivation of libertyarmed conflicthumanitarian lawEuropean Court of Human Rights |
| spellingShingle | Cedric De Koker Hassan v United Kingdom: The Interaction of Human Rights Law and International Humanitarian Law with regard to the Deprivation of Liberty in Armed Conflicts Utrecht Journal of International and European Law Deprivation of liberty armed conflict humanitarian law European Court of Human Rights |
| title | Hassan v United Kingdom: The Interaction of Human Rights Law and
International Humanitarian Law with regard to the Deprivation of Liberty in Armed
Conflicts |
| title_full | Hassan v United Kingdom: The Interaction of Human Rights Law and
International Humanitarian Law with regard to the Deprivation of Liberty in Armed
Conflicts |
| title_fullStr | Hassan v United Kingdom: The Interaction of Human Rights Law and
International Humanitarian Law with regard to the Deprivation of Liberty in Armed
Conflicts |
| title_full_unstemmed | Hassan v United Kingdom: The Interaction of Human Rights Law and
International Humanitarian Law with regard to the Deprivation of Liberty in Armed
Conflicts |
| title_short | Hassan v United Kingdom: The Interaction of Human Rights Law and
International Humanitarian Law with regard to the Deprivation of Liberty in Armed
Conflicts |
| title_sort | hassan v united kingdom the interaction of human rights law and international humanitarian law with regard to the deprivation of liberty in armed conflicts |
| topic | Deprivation of liberty armed conflict humanitarian law European Court of Human Rights |
| url | http://www.utrechtjournal.org/jms/article/view/191 |
| work_keys_str_mv | AT cedricdekoker hassanvunitedkingdomtheinteractionofhumanrightslawandinternationalhumanitarianlawwithregardtothedeprivationoflibertyinarmedconflicts |