Reparation of the rights to property and home of displaced persons arising from armed conflict under the European Convention of Human Rights

2018 ◽  
pp. 84-114
Author(s):  
Vassilis P. Tzevelekos
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
European Convention ◽  
Displaced Persons

scholarly journals RECENT DEVELOPMENTS. THE ELABORATION OF A LEGAL FRAMEWORK FOR THE PROTECTION OF INTERNALLY DISPLACED PERSONS IN AFRICA

2006 ◽  
Vol 50 (2) ◽  
pp. 187-197 ◽  
Author(s):  
CHALOKA BEYANI
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Legal Framework ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Habitual Residence ◽  
Internally Displaced ◽  
Conflict Situations ◽  
Or Groups ◽  
Recent Developments

The aim of this article is to draw on contemporary developments relating to the elaboration of a binding legal framework for the treatment of internally displaced persons in Africa. By definition, internally displaced persons are “persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of, or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border”.

20. Protection of Property

2020 ◽  
pp. 559-591
Author(s):  
Bernadette Rainey ◽  
Pamela McCormick ◽  
Clare Ovey
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Armed Conflict ◽  
European Convention ◽  
Rent Control ◽  
The Right

This chapter examines protection of the right to property in the European Convention on Human Rights (ECHR). It discusses the provisions of Article 1 of Protocol 1 and explains that all the provisions of the Convention, including Articles 13 to 18, apply equally to the rights guaranteed by the First Protocol. The chapter also suggests that the Strasbourg Court has come to approach the protection of property rights using much the same methodology as it adopts in relation to complaints of violations of the rights protected by Articles 8 to 11. It examines the application of the right to property to issues such as rent control and restitution, especially focusing on cases arising from the transition of post-Soviet States to democracy, and cases arising from armed conflict.

THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW: CONFERENCE REPORT

2009 ◽  
Vol 12 ◽  
pp. 435-449 ◽  
Author(s):  
Cordula Droege ◽  
Louise Arimatsu
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Conference Report ◽  
International Committee ◽  
Armed Conflicts ◽  
European Convention ◽  
International Humanitarian Law ◽  
London School ◽  
Humanitarian Law ◽  
Conflict Situations

On 24–25 September 2009, the Faculty of Laws, University College London and the International Humanitarian Law Project, London School of Economics held a conference in cooperation with the International Committee of the Red Cross entitled ‘The European Convention on Human Rights and International Humanitarian Law’.Armed conflict situations (including belligerent occupations) have increasingly become the subject of litigation before national courts and the European Court of Human Rights (ECtHR). As a result, there is now a substantial body of case-law on the application of the European Convention on Human Rights (ECHR) in armed conflict situations. The ECtHR has had to engage with questions involving situations of armed conflict and occupation since the Turkish intervention in Northern Cyprus in the 1970s. The increasing resort to the ECHR by claimants whose rights have allegedly been violated in contemporary armed conflicts and occupations, raise new and complex questions of law. To what extent does the ECHR, as a human rights legal regime, apply in such situations, especially when alleged violations have been perpetrated abroad? How does the ECHR interact with international humanitarian law (IHL)?

scholarly journals The International Law and Politics of Water Access: Experiences of Displacement, Statelessness, and Armed Conflict

Water ◽  
2020 ◽  
Vol 12 (2) ◽  
pp. 340
Author(s):  
Carly A. Krakow
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
International Law ◽  
Armed Conflict ◽  
Vulnerable Groups ◽  
Displaced Persons ◽  
Water Access ◽  
Human Right ◽  
Sovereign State ◽  
Conflict Zones

This article analyses international law regarding the human right to water as it impacts people who are stateless, displaced, and/or residents of armed conflict zones in the contemporary Middle East. Deficiencies in international law, including humanitarian, water, human rights, and criminal law, are examined to demonstrate international law’s strengths and weaknesses for functioning as a guarantor of essential rights for vulnerable groups already facing challenges resulting from ambiguous legal statuses. What are the political factors causing lack of water access, and what international legal protections exist to protect vulnerable groups when affected by water denial? The analysis is framed by Hannah Arendt’s assertion that loss of citizenship in a sovereign state leaves people lacking “the right to have rights”, as human rights are inextricably connected to civil rights. This article demonstrates that stateless/displaced persons and armed conflict zone residents are disproportionately impacted by lack of water, yet uniquely vulnerable under international law. This paper offers unprecedented analysis of international criminal law’s role in grappling with water access restrictions. I challenge existing “water wars” arguments, instead proposing remedies for international law’s struggle to guarantee the human right to water for refugees/internally displaced persons (IDPs). Examples include Israel/Palestine, Syria, Iraq, and Yemen. A key original contribution is the application of Arendt’s theory of the totalising impacts of human rights violations to cases of water access denial, arguing that these scenarios are examples of environmental injustice that restrict vulnerable persons’ abilities to access their human rights.

European Partners in Multinational Military Operations—Extended Legal Restraints

2019 ◽  
pp. 239-264
Author(s):  
Tilmann Altwicker
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Armed Conflict ◽  
European Convention ◽  
Military Operations ◽  
Right To Life ◽  
European Court ◽  
The Right ◽  
The Military

The European Court of Human Rights (ECtHR) has developed a rights-based conception of precautions that has implications both for law enforcement and military operations alike. In the military context, the rights-based conception bears some resemblance with the IHL concept of precautions in and against the effects of attacks. The ECtHR’s builds its conception of precautions on a wide interpretation of the right to life contained in Article 2 of the European Convention on Human Rights (ECHR). In human rights doctrine, precautions in attack can be addressed as positive obligations relating to organization and procedure, precautions against the effects of attack can be classified as positive obligations to protect. In contrast to its IHL counterpart, the rights-based conception of precautions does not only entail operational obligations, but also legislative obligations. A rights-based conception of precautions can be of particular value especially with regard to precautions against the effects of attacks in non-international armed conflict. The ECtHR is, however, well-advised to develop its rights-based conception of precautions in close alignment with its IHL counterpart.

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