General differences of the protection of the right to life in the conditions of armed conflicts and situations of violence within the state
Journal Title: Альманах міжнародного права - Year 2018, Vol 19, Issue
Abstract
The article is devoted to the actual topic of protecting the right to life in the context of armed conflict and situations of violence within the state. Increasing the number of armed conflicts, situations of violence within states in the world, and with them violations of human rights, necessitates the generalization and comparison of regimes for protecting the fundamental human right to life during this period. The article establishes theoretical and practical differences between the scope of protection of the human right to life during armed conflicts and situations of violence within the state on the basis of a comparison of these two legal regimes. The author concludes that the regimes of the protection of the right to life during an armed conflict and the situation of domestic violence have similar and distinctive features. The practice of the ECHR, IACHR, and the UN Human Rights Committee on the protection of the right to life in this period is characterized by general processes of convergence of norms of humanitarian law and human rights law that are covered by military or law enforcement paradigms. At the same time, the regime of the protection of the right to life in each of the situations has certain differences, which can be seen in particular in the principles of necessity, proportionality and precaution used in armed conflicts and situations of domestic violence that do not reach such a level.
Authors and Affiliations
Ю. І. УСМАНОВ
Keywords
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