The Right to Life in Armed Conflict
Publication Date: 22 April 2018
Disagreement reigns amongst academics, practitioners, and politicians, as to whether human rights have a place in armed conflicts, especially in extra-territorial operations, with many fearing that an application of the right to life would fetter the ability of armed forces to achieve their military objectives. Governments, including the UK, have been keen to claim derogations. Academic literature on the subject is sparse.
In this text, Ian Park seeks to fill the lacuna, by considering the UK’s litigation strategy regarding the Iraq and Afghanistan conflicts, including focussing on a range of cases, public enquiries, and the investigations of the Iraq Historic Allegations Prosecution Team. He puts the UK’s contribution to the NATO Operation Unified Protector in Libya in 2011 back under the spotlight, and assays the recent response to the threat of the Islamic State in Northern Iraq and Syria.
Park pulls together the most recent, and complex, case law in an area lacking previous sustained analysis, and concludes that whilst the state does have right to life obligations, the military have little reason to be concerned.
Table of Contents
Part I: The Scope of the Right to Life
1. Substantive Right to Life Obligations
2. Procedural Right to Life Obligations
Part II: Application of the Right to Life in Armed Conflict
3. The Extraterritorial Application of International Human Rights Law
4. How the Right to Life Applies During Armed Conflict
5. The Right to Life of Armed Forces Personnel During Armed Conflict
Part III: Limitations on the Right to Life in Armed Conflict
6. The Effect of Derogation
Part VI: The Right to Life in Future Armed Conflicts
7. The Right to Life Obligations of States and how to Ensure Compliance
Ian Park, Barrister and Commander, Her Majesty’s Royal Navy
Ian Park is a Barrister practising in international law. He has been a Hudson Fellow at Oxford University, a Visiting Fellow at Harvard Law School, a First Sea Lord’s Fellow, and has a DPhil in law from Balliol College, Oxford.