Application of Article 2 of the European Convention on Human Rights in conditions of armed conflict: the practice of the ECtHR

Abstract

The article provides a comprehensive analysis of the application of Article 2 of the European Convention on Human Rights in armed conflict based on the practice of the European Court of Human Rights. The content of the substantive and procedural obligations of the state to protect the right to life is examined, the criteria of “absolute necessity” and proportionality are determined as key standards for the lawful use of lethal force. The correlation of the norms of international humanitarian law and international human rights law in the context of regulating the right to life during armed conflicts is analyzed, in particular the principle of lex specialis and the concept of “military necessity”. Special attention is paid to the procedural aspect of Article 2 of the ECHR - the obligation of the state to conduct an effective official investigation into each case of deprivation of life, including in extraterritorial conditions and in situations of enforced disappearance. Based on the analysis of key decisions of the ECHR - in the cases of McCann and Others v. the United Kingdom, Ergi v. Turkey, Isaeva v. Russia, Georgia v. Russia, Hanan v. Germany, Cyprus v. Turkey, Varnava and Others v. Turkey, “Ukraine and the Netherlands v. Russia” — formulated conclusions regarding the obligations of the state in the field of protecting the right to life of the civilian population in conditions of armed conflict.