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
6 Pages Posted: 13 Jun 2009 Last revised: 21 Jul 2009
Date Written: 2007
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: Suggested Citation