The European Convention on Human Rights is now crucial to decisions to be taken by the military and their political leaders in ‘hard power’ situations – that is, classical international and non-international armed conflict, belligerent occupation, peacekeeping and peace-enforcing and anti-terrorism and anti-piracy operations, but also hybrid warfare, cyber-attack and targeted assassination. Guidance is needed, therefore, on how Convention law relates to these decisions.
That guidance is precisely what this book aims to offer. It focuses primarily on States’ accountability under the Convention, but also shows that human rights law, used creatively, can actually help States achieve their objectives.
Peter Kempees (1959), PhD (2019, Leiden), practised law in The Hague until joining the Registry of the European Court of Human Rights in 1992. His published works include, among others, the four-volume A Systematic Guide to the Case-Law of the European Court of Human Rights (Nijhoff, 1996-2000) and the monograph Thoughts on Article 15 of the European Convention on Human Rights (Wolf Legal Publishers, 2017).
“[Peter Kempees’s] analysis of the case-law of the European Court of Human Rights contributes significantly to academic discussion on the scope of application of the European Convention on Human Rights in relation to governmental action of States Parties throughout the world. … All in all, it is a well-documented work.”
Lt Col J.J.M. van Hoek LLM, Netherlands Military Law Review
"...an important piece of legal scholarship on the law of the European Convention on Human Rights"
Linos-Alexandre Sicilianos, President of the European Court of Human Rights (2019-2020).
Political and military decision-makers and their legal advisers, human rights lawyers and strategic litigators, and international law academics.