Exporting the ECHR Public Order outside Europe: the European Convention of Human Rights as the Applicable Law of Peace Missions

The liability of States parties to international human rights treaties when engaged in peace operations has long been disputed, especially if operating under the effective control of international organisations. The ECtHR recognises the applicability of the ECHR to missions outside the States parties’ territories and even outwith the European “legal space.” In the European contexts (e.g. Kosovo) the ECHR was indeed applied ab initio and the local authorities accepted the succession to that public order upon those missions’ conclusion. However, despite the applicability of the ECHR in operations outside Europe being mandated by the Court’s case law and some States parties, doing so proved to not always be entirely feasible under local circumstances.
This paper argues that exportation of the ECHR public order is theoretically defensible but only partially enforceable, using the Court’s case law and States parties’ practice to exemplify challenges encountered in those circumstances.