Reconciling the rules of international humanitarian law with the rules of European human rights law

States party to the European Convention for the Protection of Human Rights and Fundamental Freedoms that engage in military operations abroad face an increased risk to be held responsible for violations of the Convention, given the relatively recent case law adopted by the European Court of Human Rights. This article examines some of the issues raised by the concurrent applicability of international humanitarian law and European human rights law. It also seeks to identify ways to reconcile these two different, but not incompatible, branches of international law.

About the authors

Claire Landais
French Ministry of Defence

Claire Landais is Head of the Legal Affairs Department of the French Ministry of Defence.

Léa Bass
French Ministry of Defence

Léa Bass is legal adviser at the Law of Armed Conflicts Section of the French Ministry of Defence