Author: Vera Rusinova
Keywords: International Humanitarian Law; Internment; interpretation of international treaties; right to liberty and security; The European Court of Human Rights
In the Judgment Hassan v. The United Kingdom the European Court of Human Rights reviewed its approach to the correlation between international humanitarian law and the Convention on Human Rights and Fundamental Freedoms in the fields of right to liberty and legality of derogation from obligations under this Convention outside the procedure set forth in Article 15. This paper contains a critical assessment of justification and legitimacy of this approach and warns against its application to internment in non-international armed conflicts.
About the author: Vera N. Rusinova – Associate Professor, Law Faculty, National Research University – Higher School of Economics, Moscow, Russia.