Military Operations and Withdrawal From the European Convention on Human Rights

Abstract

This comment explores the links between the application of the European Convention on Human Rights (Convention or echr) to military operations and critiques of the Convention in the United Kingdom. It argues strongly against the idea that it is ‘anomalous’ and ‘unprincipled’ to extend the application of the echr to overseas military operations. It also argues that the UK should be capable of discharging basic human rights protections, such as effectively investigating allegations their soldiers have committed murder or torture, without compromising national security. The second section reflects on the consequences of withdrawal. It examines how the application of the echr to military operations has improved the transparency and accountability of the UK Government and offered several tools to secure the ongoing accountability of the Government. It is argued that withdrawal from the Convention would compromise this process of increasing accountability and remove these beneficial tools.