The Right to Life under Article 2 of the European Convention on Human Rights

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Summary

The Right to Life under Article 2 of the European Convention of Human Rights. Twenty Years of Legal Developments since mcCann v. the United Kingdom. In honour of Michael O'Boyle.

On 13 Februari 2015 a Seminar took place in the European Court of Human Rights in Strasbourg entitled "The right to Life: Twenty Years of Legal Developments since mcCann v. the United Kingdom".

The Seminar was to celebrate the work and achievements of the Court's Deputy Registrar, Michael O'Boyle, on the occasion of his retirement. This volume contains the submissions made during and after the Seminar, and the order of inclusion of the submissions is based on the three working sessions of the Seminar.

Table of contents

Opening words

Prelude
Sir Nicolas Bratza, former President, European Court of Human Rights
Letter from Charles Flanagan, Minister for Foreign Affairs and Trade, Ireland
The right to respect for life and the abolition of the death penalty
Jean-Paul Costa, former President, European Court of Human Rights

Substantive aspects of the right to life: principal developments since the McCann jugdment
Issues relating to the beginning and end of life
Baroness Hale of Richmond, Deputy President, Supreme Court of the United Kingdom
Out of harm’s way: positive obligations under Article 2 of the European Convention on Human Rights
Linos-Alexander Sicilianos, Judge, European Court of Human Rights
The planning and control of operations involving the use of lethal force
Brice Dickson, Professor of Law, Queen’s University Belfast
“Operationalising” the European Convention on Human Rights for police
Ralph Roche, Human Rights Legal Adviser, Police Service of Northern Ireland 61
The core of McCann: lethal force and democracy under the European Convention on Human Rights
Stephen Skinner, Senior Lecturer in Law, University of Exeter 67
State responsibility for injuries and killings perpetrated by State agents other than in the performance of their duties
Ayşegül Uzun Marinković and Aida Grigić, Lawyers, Registry of the European Court of Human Rights

Procedural obligations and the right to life
“Legacy inquests” in Northern Ireland
Rt Hon Sir Declan Morgan, Lord Chief Justice of Northern Ireland
Grave violations of human rights: the handling of some procedural issues in the case-law of other international tribunals
Antônio Cançado Trindade, Judge, International Court of Justice
Investigation into the use of lethal force: standards of independence and impartiality
Egbert Myjer, Commissioner, International Commission of Jurists, former Judge, European Court of Human Rights
Post-conflict criminal investigation by international experts: how effective? (the Kosovo example)
Andrey Antonov, Executive Officer, UNMIK Human Rights Advisory Panel
Right to the truth in the case-law of the European Court of Human Rights
Olga Chernishova, Head of Division, Registry of the European Court of
Human Rights
Dialogue at cross-purposes: the Northern Ireland inquest and Article 2 of the European Convention on Human Rights
John F. Larkin, Attorney General for Northern Ireland
The right to life – interim measures and the preservation of evidence in conflict situations
Philip Leach, Professor of Human Rights Law, Middlesex University; Director, European Human Rights Advocacy Centre
The involvement of the deceased victim’s next of kin in criminal investigations: an analysis of the standards under Article 2 of the Convention and of Directive 2012/29/EU on the rights of victims of crime
Sofia Mirandola, Lawyer, Registry of the European Court of Human Rights

Conflicting or complementary?
Interplay between international humanitarian law and human rights law
Article 2 of the Convention and military operations during armed conflict
Françoise J. Hampson, Emeritus Professor, School of Law, Essex University
Si vis pacem, para bellum. Application of human rights law in situations of armed conflict
Rick Lawson, Professor and Dean, Law Faculty, University of Leiden
When is an act of war lawful?
Sir Daniel Bethlehem QC, Barrister, Director, Legal Policy International Ltd
Adducing security-sensitive material in terrorist-related cases:different approaches in the European supranational courts
The Rt Hon Lady Justice Arden, Judge, Court of Appeal of England and Wales
The right to life in situations of armed conflict
Clare Ovey, Head of Division, Registry of the European Court of Human Rights

Closing words
Erik Fribergh, Registrar, European Court of Human Rights
Dean Spielmann, President, European Court of Human Rights

Annexes
Article 2 of the European Convention on Human Rights
Programme of the Seminar of 13 February 2015