Research Commons
      • Browse 
        • Communities & Collections
        • Titles
        • Authors
        • By Issue Date
        • Subjects
        • Types
        • Series
      • Help 
        • About
        • Collection Policy
        • OA Mandate Guidelines
        • Guidelines FAQ
        • Contact Us
      • My Account 
        • Sign In
        • Register
      View Item 
      •   Research Commons
      • University of Waikato Research
      • Law
      • Law Papers
      • View Item
      •   Research Commons
      • University of Waikato Research
      • Law
      • Law Papers
      • View Item
      JavaScript is disabled for your browser. Some features of this site may not work without it.

      The right to life and law enforcement activities: The approrpriateness of a military response ot the problem of terrorism

      Chevalier-Watts, Juliet
      Thumbnail
      Files
      Right to life and law enforcement activities.pdf
      Published version, 765.3Kb
      Find in your library  
      Citation
      Export citation
      Chevalier-Watts, J. (2013). The right to life and law enforcement activities: The approrpriateness of a military response ot the problem of terrorism. In M. Bessette (Ed.), Liberty and Security in the Age of Terrorism (pp. 41–61). USA: Commonwealth Security Studies Laboratory.
      Permanent Research Commons link: https://hdl.handle.net/10289/9684
      Abstract
      This paper considers the issue of the right to life in several lethal force cases heard in the European Court of Human Rights as a result of State activity in response to terrorist and armed activity. In light of extensive judicial scrutiny, and the recent erroneous shooting dead of Brazilian electrician, Jean Charles de Menezes on the London Underground by police, this paper submits that a military response may balance the dichotomy of terrorism and the right to life. Article 2, the right to life, is the most fundamental of all the provisions of the European Convention on Human Rights; without it, all other provisions are redundant. However, this very right, in the context of lethal force and terrorism, was brought sharply into focus when Strasbourg heard the ground breaking Death on the Rock case, where terrorist suspects were shot dead by Special Forces soldiers in Gibraltar. Since this case, a number of lethal force cases have been heard by the European Court in relation to military and police terrorist operations. These cases have been subject to detailed scrutiny as to the application of the provisions of Article 2 of the Convention, and have produced divergent results. As a result, this paper submits that, in Europe at least, a military response acknowledges a State's authority to protect its populous and its agents, whilst at the same time entrenching the fundamental principle of the right to life, thus balancing two theoretically opposing concepts: the authority of the State and the right to life.
      Date
      2013
      Type
      Chapter in Book
      Publisher
      Commonwealth Security Studies Laboratory
      Rights
      © 2013 the author
      Collections
      • Law Papers [303]
      Show full item record  

      Usage

      Downloads, last 12 months
      26
       
       

      Usage Statistics

      For this itemFor all of Research Commons

      The University of Waikato - Te Whare Wānanga o WaikatoFeedback and RequestsCopyright and Legal Statement