The European Convention on Human Rights was drafted in the wake of World War II. The dark shadows of war have never fully receded from Europe however. Armed conflict has resurged time and again, from Northern Ireland to Cyprus and Turkey, and from the former Yugoslavia to the Caucasus. This book focuses on the margins of conflict: human rights aspects of transitions from peace to armed conflict and vice versa. Firstly, it seeks to explore what limits human rights put on European societies which are on the brink of armed conflict. Secondly, it surveys the consequences of human rights violations committed during the armed conflict by looking at the aftermath of war. In a stimulating way, experts in their field offer food for thought on a broad range of material and especially procedural issues such as the territorial scope of the Convention, states of emergency, freedom of expression and conflict escalation, obligations relating to enforced disappearances, interim measures, and pilot judgments. Taken together, they reflect both the potential and limitations of human rights in the run-up to conflicts and their aftermath.
About this book
"In its 50th year the European Court of Human Rights is faced with urgent questions on human rights in transitions to and from armed conflict. This challenging volume is a most timely contribution by a selection of eminent scholars in this field to the old and new dilemmas facing the Court."
Jenny Goldschmidt, professor of human rights law
‘This edited collection raises interesting and important questions about the impact of the ECHR in conflict situations […].’
Sarah Baier in Newsletter Menschenrechte (NLMR) 4/2011, 254, 255
‘Margins of Conflict is an informative read and is useful for identifying issues in the area of human rights under the ECHR and the margins of conflict that need further investigation.’
Raquel Saavedra Pickens in Journal of International La wand Politics, 2012, 1008
Human Rights without Peace? The European Court of Human Rights and Conflicts Between High Contracting Parties (p. 1)
Crisis Situations, Counter Terrorism and Derogation from the European Convention of Human Rights. A Threat Analysis (p. 35)
Really Out of Sight? Issues of Jurisdiction and Control in Situations of Armed Conflict under the ECHR (p. 57)
The Use of Interim Measures Issued by the European Court of Human Rights in Times of War or Internal Conflict (p. 77)
Foretelling the future, facing the past. Hate speech and conflict situations under the ECHR (p. 131)
The Duty to Take Preventive Operational Measures. An Adequate Legal Tool to Hold States Responsible in Enforced Disappearance Cases? (p. 153)
Airborne or Bound to Crash? The Rise of Pilot Judgments and Their Appeal as a Tool to Deal with the Aftermath of Conflict (p. 175)
Countries emerging from long periods of authoritarian rule must often confront a legacy of gross human rights abuses perpetrated over many years. During the past two decades, these age-old issues have been termed “problems of transitional justice”, both by academics and policy makers around the world. Given the frequency with which these problems arise, as well as the complexity of the issues involved, it is striking that no book series has taken the issue of transitional justice as its point of focus.
The Series on Transitional Justice offers a platform for high-quality research within the rapidly growing field of transitional justice. This research is, of necessity, inter-disciplinary in nature, drawing from disciplines such as law, political science, history, sociology, criminology, anthropology and psychology, as well as from various specialised fields of study such as human rights, victimology and peace studies. It is furthermore international in outlook, drawing on the knowledge and experience of academics and other specialists in many different regions of the world.
The series is aimed at a variety of audiences who are either working or interested in fields such as crime and justice; human rights; humanitarian law and human security; conflict resolution and peace building. These audiences may include academics, researchers, students, policy makers, practitioners, non-governmental organisations and the media.
- Prof. S. Parmentier (University of Leuven, Belgium)
- Prof. Elmar Weitekamp (University of Tübingen, Germany)
- Prof. Jeremy Sarkin (University of South Africa) and
- Mina Rauschenbach (Université de Lausanne and University of Leuven) (Associate editor)
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