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Applicability of Human Rights in Non-War Military Missions: The EU Operation Atalanta

Lauhof, Jacob (2014) Applicability of Human Rights in Non-War Military Missions: The EU Operation Atalanta.

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Abstract:Operation Atalanta ¬ the European response to piracy at the horn of Africa ¬ is a military mission within international waters and the Somali coastline. Since the situation does not meet the criteria for the presence of an international armed conflict, humanitarian law is not applicable. This paper seeks to estimate in how far human rights instruments as the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the European Charter of Fundamental Rights as well as German constitutional law offer an effective system of human rights protection. It seeks to answer questions of extraterritorial application, interdependencies of human rights treaties and enforcement. From a German point of view the protective scope of the different human rights instruments is analyzed comparatively. These constitute an integrative system standard of protection, but reveal a lack of legal basis for international military operations within German national law. Generally comparable standards as in police force operations have to be applied to the present situation taking into account the special circumstances off the coast of Somalia.
Item Type:Essay (Master)
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:86 law
Programme:European Studies MSc (69303)
Link to this item:http://purl.utwente.nl/essays/65859
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