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Hanan v. Germany

European Court of Human Rights.  16 February 2021 .

Published online by Cambridge University Press:  23 December 2024

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Abstract

Human rights — Scope of application — European Convention on Human Rights, 1950, Article 1 — Deaths occurring as result of air strike outside jurisdiction of Contracting State — Deaths occurring in context of extraterritorial military operation — Mandate for military operation given by resolution of United Nations Security Council acting under Chapter VII of United Nations Charter — Whether institution of domestic criminal investigation in itself sufficient to establish jurisdictional link between that State and victims’ relatives — Whether excessively broadening scope of application of Convention — Whether “special features” existing which establish jurisdictional link — Respondent State having exclusive jurisdiction over its troops in respect of serious crimes — Obligation of respondent State to investigate under international law and under domestic law — Whether facts complained of occurring within jurisdiction of respondent State — Admissibility of application

Human rights — Right to life — European Convention on Human Rights, 1950, Article 2 — Procedural element — Deaths occurring in extraterritorial armed conflict — Multinational operations under auspices of United Nations — Requirements of an effective investigation into those deaths — Whether any conflict with respect to requirements of effective investigation under applicable rules of international humanitarian law and under Convention — Adequacy — Promptness, reasonable expedition and independence — Participation of next of kin and public scrutiny — Whether investigation into deaths effective — Whether respondent State violating procedural limb of Article 2 of Convention

War and armed conflict — Extraterritorial armed conflict — Afghanistan — Troop-contributing States in United Nations authorized military operation — Obligations of States engaging in multinational military operations — Air strike during active hostilities causing deaths — Air strike constituting potential war crime — Obligation of respondent State to investigate under international law and domestic law — Whether investigation into deaths effective — Whether respondent State violating procedural limb of Article 2 of Convention

International criminal law — Individual criminal responsibility — War crimes — Afghanistan — Troop-contributing States in United Nations authorized military operation — Obligations of States engaging in multinational military operations — Air strike during active hostilities causing deaths — Air strike constituting potential war crime — Respondent State having exclusive jurisdiction over its troops in respect of serious crimes — Obligation of respondent State to investigate under international law and under domestic law — Whether investigation into deaths effective — Whether respondent State violating procedural limb of Article 2 of Convention

Type
Case Report
Copyright
© Cambridge University Press & Assessment 2024

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