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Anti-Terrorist Operations and the Right to Life - The European Court of Human Rights case law from Gibraltar to Beslan
Publisher
Editions Weblaw
Place of Publication
Bern
ISSN/ISBN
978-3-03916-149-2
Series title
Monographia
Keywords
ECHR, Human Rights, Right to Life, Terrorism, Anti-Terrorist Operations, duty to protect
Abstract
The ECtHR's case law on the fundamental right to life has begun to develop with its legal assessment of an anti-terrorist operation in Gibraltar. A more recent judgment in a whole series of cases concerns the Beslan hostage rescue. Both prohibitions and obligations for security force operations follow from that case law. In countering current terrorist threats, there can be a dilemma between the duty to rescue victims and the prohibition of killing perpetrators. This work takes an in-depth look at the three aspects of the right to life under Article 2 ECHR: the positive, the negative and the procedural obligation. Based on this, it rst examines the legal basis for police operations in general and for the use of potentially lethal means of restraint in particular. The distinction between a pre-operational, an operational and a post-operational phase allows existing obligations of states to be properly classied. This shows that state obligations exist both far upstream and in the aftermath of actual operations. The case law on the use of potentially lethal force now forms a close-knit standard for Council of Europe states. It is highly relevant to practice. The present work is intended to stimulate further legal contributions and discussions.
