The conflict between civil value and military value over the Right of Life

2017 Fiscal Year Final Research Report

• Project/Area Number: 26380056
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Public law
• Research Institution: Tsuyama National College of Technology
• Principal Investigator: Ota Hajime 津山工業高等専門学校, その他部局等, 教授 (30203798)
• Project Period (FY): 2014-04-01 – 2018-03-31
• Keywords: 生命に対する権利 / 1998年人権法 / 免脱 / ヨーロッパ人権条約 / 戦闘行動免責 / 公的調査 / 憲法習律 / 安全配慮義務

Outline of Final Research Achievements

In 2003, the British armed forces attacked Iraq and occupied the area. During the occupation, many soldiers were killed and injured and more Iraqi civilians were killed and injured. The families of those soldiers sued the Ministry of Defence and the families of those Iraqi civilians sued the United Kingdom. These counts were the right to life of the European Convention of Human Rights and Human Rights Act 1998. The judgment of the former is one of UK Supreme Court of the case of Susan Smith,the judgment of the latter is one of European Court of Human Rights of the case of Al-Skeini. In the latter case plaintiffs won. In the former case　the plaintiffs argued the breach of the right to life , the Ministry of Defence argued Combat Immunity and UK Supreme Court remitted the case to the High Court to examine details about the case.

Free Research Field

憲法、軍事法