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McCann v United Kingdom

Secondary Rules

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Assessing the Necessity of Military Actions in Counter-Terrorism Operations

Exploring the scrutiny of international courts on the necessity of military actions within human rights law, particularly in a case involving lethal force. The chapter delves into the division of assessment between soldiers on the ground and higher authorities in organizing operations, questioning the absoluteness of measures taken. It also discusses the conflicts between common law tradition in the UK and foreign legal standards enforced by the European court in human rights cases.

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