Derogations from the European Convention on Human Rights During Armed Conflict?

By Daragh Murray

The UK Joint Committee on Human Rights is currently conducting an inquiry into the Government’s proposed derogation from the European Convention on Human Rights during armed conflict.

Prof. Françoise Hampson, Prof. Noam Lubell and Dr. Daragh Murray of the Essex Human Rights Centre submitted written evidence to the Committee.

The submission addressed derogations from human rights law treaties in the context of military operations. It argued that the derogation regime does not nullify the applicability of human rights law, but rather allows for the modification of specific human rights obligations in response to emergency or exceptional circumstances.

The submission suggests that derogations play a key role within the international human rights law system and that derogations during military operations may be both appropriate and necessary. In particular, in situations of armed conflict, derogations may be required in order to ensure the coherent co-application of international human rights law and the law of armed conflict. As such, appropriate derogations permit the application of both human rights law and the law of armed conflict, ensuring the existence of a legal ‘bottom line’ that is appropriate to the situation.

The full text of the submission is available on the Committee’s website.

 


Disclaimer: The views expressed herein are the author(s) alone.

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