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Behrami v. France

European Court of Human Rights.  31 May 2007 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Nature and scope of human rights treaties — European Convention on Human Rights, 1950 — Article 1 — Duty of parties to secure rights and freedoms under the Convention to persons within their jurisdiction — Extent of Convention — Whether applicable to actions of United Nations subsidiary organ — Whether applicable to actions of Contracting Party’s armed forces forming part of multinational force operating under mandate from the United Nations Security Council — KFOR operating in Kosovo — United Nations Security Council Resolution 1244 (1999)

Human rights — Right to life — Failure to clear unexploded munitions — Whether entailing violation of European Convention on Human Rights, 1950, Article 2

Human rights — Freedom from arbitrary arrest and detention — Whether multinational force in Kosovo authorized to detain without trial — European Convention on Human Rights, 1950, Article 5

International organizations — United Nations — Security Council — United Nations Charter, Chapter VII — Authorization to NATO-led force not under direct United Nations command — Whether a delegation of powers by the Security Council — Extent of delegation — KFOR operating in Kosovo — United Nations Security Council Resolution 1244 (1999) — Subsidiary organs — UNMIK civil administration in Kosovo

International tribunals — European Court of Human Rights — Jurisdiction — Whether entitled to review legality of acts of United Nations — Whether acts of national contingent in force authorized by United Nations Security Council within jurisdiction of the Court

State responsibility — Attribution — Whether acts of national contingent in multinational force authorized by Security Council attributable to State or to United Nations

War and armed conflict — United Nations — Military operations authorized by United Nations Security Council but not under direct United Nations command — Aftermath of armed conflict — Kosovo

Type
Case Report
Copyright
© Cambridge University Press 2008

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