Antoine Buyse

The European Convention on Human Rights was drafted in the wake of World War II. However, the dark shadows of that war have never fully receded from Europe. Armed conflicts have resurged time and again, from Northern Ireland to Cyprus and Turkey, and from the former Yugoslavia to the Caucasus. This book focuses on the margins of conflict - human rights aspects of transitions from peace to armed conflict and vice versa. First, it explores what limits human rights put on European societies which are on the brink of armed conflict. Second, it surveys the consequences of human rights violations committed during the armed conflict by looking at the aftermath of war. The book offers stimulating thought on a broad range of materials, especially procedural issues, such as the territorial scope of the Convention, states of emergency, freedom of expression and conflict escalation, obligations relating to enforced disappearances, interim measures, and pilot judgments. Taken together, they reflect both the potential and limitations of human rights in the run-up to conflicts, as well as their aftermath. *** "In its 50th year the European Court of Human Rights is faced with urgent questions on human rights in transitions to and from armed conflict. This challenging volume is a most timely contribution by a selection of eminent scholars in this field to the old and new dilemmas facing the Court." - Jenny Goldschmidt, Professor of Human Rights Law

The ECHR and Transitions to and from Armed Conflict

Margins of Conflict

Antonius C. G. M. Robben

Rosemarie Buikema

In Cultures, Citizenship and Human Rights the combined analytical efforts of the fields of human rights law, conflict studies, anthropology, history, media studies, gender studies, and critical race and postcolonial studies raise a comprehensive understanding of the discursive and visual mediation of migration and manifestations of belonging and citizenship. More insight into the convergence – but also the tensions – between the cultural and the legal foundations of citizenship, has proven to be vital to the understanding of societies past and present, especially to assess processes of inclusion and exclusion. Citizenship is more than a collection of rights and privileges held by the individual members of a state but involves cultural and historical interpretations, legal contestation and regulation, as well as an active engagement with national, regional, and local state and other institutions about the boundaries of those (implicitly gendered and raced) rights and privileges. Highlighting and assessing the transformations of what citizenship entails today is crucially important to the future of Europe, which both as an idea and as a practical project faces challenges that range from the crisis of legitimacy to the problems posed by mass migration. Many of the issues addressed in this book, however, also play out in other parts of the world, as several of the chapters reflect. This book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. They have been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Cultures, Citizenship and Human Rights (Open Access)

Oddný Mjöll Arnardóttir

The protection of human rights in Europe is currently at a crossroads. There are competing processes which push and pull the centre of gravity of this protection between the ECHR system in Strasbourg, the EU system in Luxemburg and Brussels, and the national protection of human rights. This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law.

Antoine Buyse

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