DiscussionResponse

A Response to “Which Rights to enforce in Time of Public Emergency?”

A response to Cilem Şimşek The interplay between human rights law (HRL) and international humanitarian law (IHL) is one of the most difficult and fascinating topics of international law. The blog by Cilem Şimşek  attempts to put in perspective the evolution of this interplay with a focus on the practice of the European Court of Human Rights. Three key themes are developed. Each of them gives rise to diverging interpretations as …

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Which Rights to enforce in Time of Public Emergency?

The European Court of Human Right’s approach towards International Humanitarian Law

The present post examines the relationship between human rights law (“HRL”) and international humanitarian law (“IHL”). This relationship will be first analysed from a legal-dogmatic angle, and then in the light of the case-law of the European Court of Human Rights (“the Court”)”. By focussing solely on the right to derogate from the European Convention on Human Rights pursuant to Article 15, this post will show that the Court’s approach …

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Defining and identifying threats – a new challenge to old assumptions in the theory and practice of emergency and security law

A reply to Jens Kremer Jens Kremer raises a problem that is well known in the theory of security and emergency law. Since issues of security are so complex, and often so political, legal institutions, and especially courts, are not prepared to make decisions on them, the consequence being that courts, overwhelmingly take officials’ security-claims for granted. To tackle the problem, Kremer suggests we can use new tools and new concepts, …

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Security mindsets and international law: thinking differently about security and adjudication

Security is a curious term and it comes in many different forms and shapes, and each field of research, every security institution and even more, every security professional has an own very specific understanding of security. Let me give three examples: For military leaders, security is a matter of military strength, tactics and capabilities. If state A has more tanks than state B, state B may want to balance this …

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