A European Perspective on the International Human Rights and Humanitarian Law Relationship in the Context of Multinational Military Operations

Abstract

The nature of the relationship between international human rights law (IHRL) and international humanitarian law (IHL) has drawn significant interest in different professional circles, including academia, military, governments, international and regional organizations and agencies, and humanitarian organizations and their workers. This chapter shall analyze from a European perspective this complex relationship in the context of multinational military operations. This is quite important, since many European States have participated in such operations in different parts of the world in the context of United Nations (UN) led operations; European Union (EU) led operations; as part of North-Atlantic Treaty Organization (NATO) led operations; or US-led operations (so-called ‘coalitions of the willing’). In construing a European perspective, the case law of the European Court of Human Rights (ECtHR) is given specific attention, since all European States are bound by the European Convention on Human Rights (ECHR) and the EU is in the process of becoming a party to this convention. Our analysis also takes into account relevant legal documents by organs of the Council of Europe (CoE) and of the EU, as well as practice by European States involved in multinational military operations. While our focus remains on the European perspective at a regional level, due attention is paid to the international level, especially positions taken by UN organs or the International Committee of the Red Cross (ICRC). This chapter takes an instrumental approach, inquiring whether and to what extent the convergence between human rights and humanitarian law helps ensuring a higher level of protection for civilians and civilian objects from the effects of armed conflicts, both international (IAC) and non-international (NIAC).

Keywords: International Human Rights, International Humanitarian Law, Multinational Military Operations, European perspective, ECtHR, IHL