On the relationship between IHL and IHRL ‘where it matters’ once more: Assessing the position of the European Court of Human Rights after Hassan and Jaloud / Zoom In
Human Rights vs Humanitarian Law or rights vs obligations: Reflections following the rulings in Hassan and Jaloud
1. Introduction In two recent cases, Hassan v United Kingdom[1] and Jaloud v Netherlands,[2] the European Court of Human Rights (ECtHR) extended the wartime application of International Human Rights Law (IHRL). Although these cases have been celebrated for reducing the horrors of war, this paper shows otherwise.[3] Critical examination of them suggests that applying IHRL...
