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Inside Out or Outside In? Examining Human Rights in Situations of Armed Conflict

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What duties do states have to individuals who suffer as a result of armed conflict? While the International Court of Justice has stated that the protection offered by human rights conventions does not cease in case of armed conflict, it has not provided any clarity on how this is to be interpreted. This article examines how the European Court of Human Rights has interpreted the duty of a state to guarantee human rights to persons in whose territory the state is engaged in armed conflict.

Affiliations: 1: Professor of European Migration Law, Radboud University, Nijmegen, Partner, Kingsley Napley, London

10.1163/187197407X192914
/content/journals/10.1163/187197407x192914
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/content/journals/10.1163/187197407x192914
2007-04-01
2016-12-05

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