Some Examples Of The Impact Of The European Court Of Human Rights’ Rulings Concerning The Hague Convention On The National Application Of That Convention

2010 ◽  
pp. 81-84
Keyword(s):  
Human Rights ◽  
Hague Convention ◽  
European Court ◽  
The Hague ◽  
The Hague Convention ◽  
The Impact

The Humanization of Humanitarian Law

2000 ◽  
Vol 94 (2) ◽  
pp. 239-278 ◽  
Author(s):  
Theodor Meron
Keyword(s):  
Human Rights ◽  
Hague Convention ◽  
International Humanitarian Law ◽  
Land Mines ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
The Subject ◽  
The Hague ◽  
The Hague Convention ◽  
The Impact

The centennial of the Hague Convention (No. II; No. IV in the 1907 version) on the Laws and Customs of War on Land and the fiftieth anniversary of the four Geneva Conventions for the Protection of Victims of War of August 12, 1949, present an opportunity to reflect on the direction in which the law of war, or international humanitarian law, has been evolving. This essay focuses on the humanization of that law, a process driven to a large extent by human rights and the principles of humanity. As the subject is vast, major issues must inevitably be left out of my discussion, including the impact of the prohibitions on unnecessary suffering and indiscriminate warfare on the regulation of weapons, the proscription of antipersonnel land mines and blinding laser weapons, and the progression of international humanitarian law from largely protecting noncombatants to protecting combatants as well.

Protecting the Best Interests of the Child: International Child Abduction and the European Court of Human Rights

2015 ◽  
Vol 84 (2) ◽  
pp. 270-296 ◽  
Author(s):  
Helen Keller ◽  
Corina Heri
Keyword(s):  
Human Rights ◽  
Hague Convention ◽  
Best Interests ◽  
European Convention ◽  
Child Abduction ◽  
European Court ◽  
International Child ◽  
The Hague ◽  
Viable Approach ◽  
The Hague Convention

In its case law on international child abduction, the European Court of Human Rights (ecthr) seeks to interpret the European Convention on Human Rights (echr) in conformity with the Hague Convention on the Civil Aspects of International Child Abduction. Both instruments safeguard the best interests of abducted children, but in different ways. This article explores the progress made by the ecthr in harmonising the conflict between the Hague Convention and Article 8 echr. While the ecthr’s approach to the abducted child’s best interests in Neulinger and Shuruk v. Switzerland was met with strong criticism, the Court seems to have found a viable approach in X. v. Latvia. The ecthr’s current tactic allows it to continue its dialogue with national authorities and international bodies by imposing procedural requirements, thereby contributing to a harmonised approach appropriate to the best interests of abducted children without negatively impacting the functioning of the Hague Convention.

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