FIFTEEN YEARS AFTER BANKOVIĆ: RIGHT TO LIFE AND THE EXTRATERRITORIALL CASE

Abstract

The end of last year had marked a ffteen year anniversary from the decision of the ECHR in the famous Banković case. In the mentioned case the Court had declared inadmisible the application related with human Right’s violations connected with the NATO bombing of the RTS (Serbian State TV building) in 1999. This decision, which was based on a very restrictive approach to Article 1 of the Convention and the ruling on the Court’s jurisdiction in the mentioned case, has had a profound influence on the latter case law. The idea behind this article is, by elaborating on the development and evolution of legal regime connected with Article 1 application in the extra teritorial group of cases – where the question of Right to life is being put forward in connection with the use of military force outside the Council of Europe’s legal space, to conduct a critical review on some of the problems in this section of the Court’s case law.