Limiting State Responsibility under the European Convention on Human Rights in Time of Emergency: An Overview of the Relevant Standards

Kresimir Kamber


It is generally accepted that the effective and full enjoyment of rights and freedoms guaranteed under the European Convention on Human Rights (ECHR) is seriously impaired by the existence of an armed conflict or other public emergency threatening the life of the nation. Such a state of affairs often leads to the restricted jurisdiction and responsibility of states and represents a legitimate ground for derogation from the obligations under the ECHR.This article seeks to outline the relevant ECHR standards in these two perspectives of restricted state responsibility.

Keywords: European Convention on Human Rights, jurisdiction, state responsibility, derogations


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