'Hard power 'and the European Convention on Human Rights

Author(s):
Kempees, P.M.
Published
2019
Publication type
Doctoral Thesis

Abstract

The expression ‘Hard power’ - which is borrowed from the

study of international relations – is here defined as the use of (especially

military) force in armed conflict or law enforcement, or of economic

sanctions. The object of this study is to determine whether the European Convention on Human Rights (ECHR) imposes undue restrictions on the freedom of action of contracting States when they have to resort to ‘hard power’. Taking the procedural perspective of a respondent Party in the European Court of Human Rights, it examines a variety of ‘defences’ that may be invoked. It identifies ‘defences’ that have the potential to be successful and the parameters for their use. It is shown that the ECHR leaves States sufficient latitude to pursue their legitimate policy objectives, provided that they act within the limits of international law. This study is relevant to classical warfare but also to modern expressions of ‘hard power’ such as international action to counter terrorism and piracy, peace enforcing and peacekeeping, hybrid warfare and cyber-attacks.

Defense date
2019-06-18
Language
English
Supervisor(s)
Lawson, R.A.; Duffy, H.
Committee member(s)
Alkema, E.A.; Buyse, A.C.; Herik, L.J. van den; Leach, P.; Loof, J.P.; Murcoch, J.
Qualification
Ph.D.
Degree granting institution
Institute of Private Law, Faculty of Law, Leiden University, Leiden
hdl
1887/74051