peach_gal (peach_gal) wrote in lawuk,
peach_gal
peach_gal
lawuk

Help a crippled law student

Well okay I'm not crippled but please help =P

What is the Bankovic case and why is it significant to Article 2? I'm a UK law fresher and this just baffles me.

On behalf of myself and the group at Durham Uni - HELP!!!

Yours in desperation,

Peach x x
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This comment will be no help. Props to Durham Uni, however. This reply may be deleted.
huh?
Never mind. Go Durham.
Research is your friend...

A quick google search reveals the following. "The Bankovic case" proabably refers to the case BANKOVIĆ AND OTHERS V. BELGIUM AND 16 OTHER CONTRACTING STATES, which was a claim brought by six Yugoslav nationals living in Belgrade after the Nato bombings thereof against 17 states that were both member states of NATO and also contracting members to the European Convention of Human Rights.

The applicants complained that the bombardment of the RTS headquarters by NATO violated Articles 2 (right to life), 10 (freedom of expression) and 13 (right to an effective remedy) of the European Convention on Human Rights.


Article 2 sets out that:
1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:
* (a) in defence of any person from unlawful violence;
* (b) in order to effect a lawful arrest or to prevent escape of a person lawfully detained;
* (c) in action lawfully taken for the purpose of quelling a riot or insurrection.



The Bankovic case can be found here: http://www.echr.coe.int/eng/Press/2001/Dec/Bankovicadmissibilitydecisionepress.htm

And the European Convention on Human Rights can be found here: http://www.hri.org/docs/ECHR50.html#C.Art2
although no doubt you have a copy.

Hope that helps