Introductory Note to Behrami and Behrami v France and Saramati v France, Germany & Norway, European Court of Human Rights (31 May 2007)

International Legal Materials, Vol. 46, p. 743, 2007

Vermont Law School Research Paper No. 09-23

6 Pages Posted: 13 Jun 2009 Last revised: 21 Jul 2009

See all articles by Stephanie Farrior

Stephanie Farrior

Hunter College, Roosevelt House Public Policy Institute

Date Written: 2007

Abstract

In its controversial decision in Behrami and Saramati, the European Court of Human Rights addressed the applicability of the European Convention on Human Rights to acts of states parties' peacekeeping forces and other personnel in Kosovo. This Introductory Note provides an overview of this pair of cases, analyzes the Court's decision, and considers the broader significance of the decision in relation to state accountability for actions taken pursuant to a UN Security Council resolution. It also takes note other cases seeking to establish individual state responsibility under the European Convention for the conduct of UNMIK and KFOR personnel.

Keywords: Security Council, attribution, human rights, state responsibility, UNMIK, KFOR, European Court of Human Rights

JEL Classification: K33, N40

Suggested Citation

Farrior, Stephanie, Introductory Note to Behrami and Behrami v France and Saramati v France, Germany & Norway, European Court of Human Rights (31 May 2007) (2007). International Legal Materials, Vol. 46, p. 743, 2007, Vermont Law School Research Paper No. 09-23, Available at SSRN: https://ssrn.com/abstract=1417982

Stephanie Farrior (Contact Author)

Hunter College, Roosevelt House Public Policy Institute ( email )

47-49 E 65th St
New York, NY 10065
United States

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