Victims of International Armed Conflicts Should Be Protected by the European Court of Human Rights
Victims of International Armed Conflicts Should Be Protected by the European Court of Human Rights

Summary/Abstract: The interpretation of Article 1 of the European Convention on Human Rights, according to which acts of war of a party to the Convention committed beyond its territory remain outside the jurisdiction of the party and, thus, beyond control of the European Court of Human Rights is not compatible with a basic concept of human rights which rests on the ideas that human rights are inherent in all human beings and that they are universal. This interpretation is not in accordance with the object and purpose of the European Convention of Human Rights and it degrades effectiveness of the Convention. The interpretation leads to an absurd and unjust result in circumstances of international armed conflict between two parties to the Convention, when the conflict has occurred on the territory of one of them. According to that interpretation, an application against a party on whose territory the armed conflict was occurring would be admissible, but an application against the aggressor State would not be admissible. It is absurd.

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