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The European Convention on Human Rights and General International Law$
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Anne van Aaken and Iulia Motoc

Print publication date: 2018

Print ISBN-13: 9780198830009

Published to Oxford Scholarship Online: November 2018

DOI: 10.1093/oso/9780198830009.001.0001

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The UN Security Council, State Responsibility, and the European Court of Human Rights

The UN Security Council, State Responsibility, and the European Court of Human Rights

Towards an Integrated Approach?

Chapter:
(p.213) 11 The UN Security Council, State Responsibility, and the European Court of Human Rights
Source:
The European Convention on Human Rights and General International Law
Author(s):

Linos-Alexandre Sicilianos

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198830009.003.0012

The European Court of Human Rights is in the process of refining its conceptual tools for determining the responsibility of the States Parties to the European Convention on Human Rights (ECHR) acting in execution of a Security Council resolution. Where the implementation of resolutions involving the use of force is concerned, the Court’s recent case law has shown a shift towards systematic acceptance of the extraterritorial scope of the ECHR. As to whether the conduct in issue should be attributed to the States Parties or to the UN, the Court now makes a clear distinction between operations authorized by the Security Council and UN peacekeeping operations. The implementation of UN economic sanctions will be addressed differently according to whether or not the respondent State is a member of the EU. The criterion of ‘equivalent protection’ is only applicable in the former scenario. And in any event, it needs to be applied cautiously on a case-by-case basis. As regards the enforcement of economic sanctions by non-EU Member States, the Court tends to interpret Security Council resolutions in a manner consistent with the obligations deriving from the ECHR. More generally, the Court’s approach is oriented towards systemic harmonization rather than towards normative conflict.

Keywords:   responsibility, economic sanctions, European Court of Human Rights, United Nations Security Council, judicial control, equivalent protection doctrine, Article 103 of the UN Charter, authorized military operations

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