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Margins of Conflict

The ECHR and Transitions to and from Armed Conflict

Book | 1st edition 2010 | World | Antoine Buyse

The European Convention on Human Rights was drafted in the wake of World War II. The dark shadows of war have never fully receded from Europe however. Armed conflict has resurged time and again, from Northern Ireland to Cyprus and Turkey, and from the former Yugoslavia to the Caucasus. This book focuses on the margins of conflict: human rights aspects of transitions from peace to armed conflict and vice versa. Firstly, it seeks to explore what limits human rights put on European societies which are on the brink of armed conflict. Secondly, it surveys the consequences of human rights violations committed during the armed conflict by looking at the aftermath of war. In a stimulating way, experts in their field offer food for thought on a broad range of material and especially procedural issues such as the territorial scope of the Convention, states of emergency, freedom of expression and conflict escalation, obligations relating to enforced disappearances, interim measures, and pilot judgments. Taken together, they reflect both the potential and limitations of human rights in the run-up to conflicts and their aftermath.

About this book
"In its 50th year the European Court of Human Rights is faced with urgent questions on human rights in transitions to and from armed conflict. This challenging volume is a most timely contribution by a selection of eminent scholars in this field to the old and new dilemmas facing the Court."
Jenny Goldschmidt, professor of human rights law

‘This edited collection raises interesting and important questions about the impact of the ECHR in conflict situations […].’
Sarah Baier in Newsletter Menschenrechte (NLMR) 4/2011, 254, 255

‘Margins of Conflict is an informative read and is useful for identifying issues in the area of human rights under the ECHR and the margins of conflict that need further investigation.’
Raquel Saavedra Pickens in Journal of International La wand Politics, 2012, 1008

Technical info
More Information
Type of product Book
Format Hardback
EAN / ISSN 9789400001572 / 9781839700750
Serie name Series on Transitional Justice
Weight 540 g
Status Available
Number of pages xiv + 196 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Nov 30, 2010
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Table of Contents
  • Human Rights without Peace? The European Court of Human Rights and Conflicts Between High Contracting Parties
  • Crisis Situations, Counter Terrorism and Derogation from the European Convention of Human Rights. A Threat Analysis
  • Really Out of Sight? Issues of Jurisdiction and Control in Situations of Armed Conflict under the ECHR
  • The Use of Interim Measures Issued by the European Court of Human Rights in Times of War or Internal Conflict
  • Foretelling the future, facing the past. Hate speech and conflict situations under the ECHR
  • The Duty to Take Preventive Operational Measures. An Adequate Legal Tool to Hold States Responsible in Enforced Disappearance Cases?
  • Airborne or Bound to Crash? The Rise of Pilot Judgments and Their Appeal as a Tool to Deal with the Aftermath of Conflict