The problems the European court of human rights faces in applying international humanitarian law

Abstract

The European Court of Human Rights (ECtHR) is increasingly receiving applications relating to armed conflict or other types of situations of violence. In the past, the most notable cases concerned Northern Ireland or the conflict between Cyprus and Turkey that led to the issuing of several judgments during the 1980s and 1990s. At the moment, one of the most difficult issues for the Court is the involvement of troops belonging to member States of the Council of Europe in foreign countries. The problems stem mainly from the scenario left by the war in Former Yugoslavia and from the conflict in Iraq. A number of cases arising from Russia’s disputes with Chechnya and Turkey’s differences with the PKK (Kurdistan Workers’ Party) have also been examined by the Court recently. In order to deal with these cases, the Strasbourg Court relies almost exclusively on interpreting the European Convention on Human Rights and Fundamental Freedoms (ECHR) and it has therefore become the applicable legal instrument for those types of violent situation.