The Right to Life in Armed Conflict
The
application of the right to life during armed conflict is an issue that
polarizes opinion and generates considerable debate. Many believe that
human rights law has no place in armed conflict, yet the European Court
of Human Rights, and domestic courts, have ruled that it can apply. The
exact contours of how the right to life applies during armed conflict
remain largely unresolved. In this text, Ian Park seeks to clearly
articulate the right to life obligations of states during both
international and non-international armed conflict in respect of those
individuals affected by the actions of states' armed forces and members
of the armed forces themselves. In determining the right to life
obligations of states, Park identifies the sources of law from which
right to life obligations arise, how case law has developed and modified
these obligations, and analyses how the law creates obligations in
practice. Implicit in this analysis is a consideration of recent armed
conflicts, and the actions of states, that lead to a series of concrete
proposals designed to best ensure compliance with a state's right to
life obligations.
