Lethal Force, the ECHR and Democracy
| Module title | Lethal Force, the ECHR and Democracy |
|---|---|
| Module code | LAW3137 |
| Academic year | 2020/1 |
| Credits | 15 |
| Module staff | Professor Stephen Skinner (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 |
| Number students taking module (anticipated) | 35 |
|---|
Module description
When the State kills in law enforcement operations, and when someone dies in the care or custody of the state, fundamental questions are raised about human rights, State power and the rule of law – in other words, about the foundations of democracy. The most fundamental right under the European Convention on Human Rights (ECHR) is Article 2, the Right to Life. This allows a narrow range of exceptions related to the State’s use of lethal and potentially lethal force in policing operations, and establishes duties on the State relating to people arrested and in custody. These areas have been the object of increasing amounts of ECHR case law in recent years, as well as high-profile news stories. In its judgments, the European Court of Human Rights explicitly links its formulation of controls over State killing, deaths in custody and other deaths after contact with State agents, in terms of the importance of this area of law for democracy, which involves vitally important substantive and procedural dimensions. Through an examination of Article 2, related case law and the challenging – even shocking – incidents involved in their socio-political context, this module will enable you to deepen your understanding of human rights law in a specific area and, essentially, critically engage with key foundations of European democracy. In other words, it uses a specific focus on a specialist area of European human rights law as a way into an exploration of fundamental theoretical and practical issues relating to law and the State in contemporary Europe. This module will complement and/or build on the other available optional modules on the ECHR and Human Rights Act. It will also be relevant if you are interested in questions of policing,custody, State power and European current affairs.
Module aims - intentions of the module
The aim of the module is to introduce you to the deeper dimensions of human rights law in relation to the specific areas of State killing and deaths in custody under Article 2, ECHR. The module aims to give you the necessary legal, theoretical and contextual background in order to analyse effectively the rationales, application and limits of human rights law in this area, as well as their significance for European democracy. This is relevant for both academic purposes and your ability to engage critically with law in context, which is significant for legal practice and other employment-related applications.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. Demonstrate detailed knowledge of the ECHR and related case law on the topics covered on the module, together with a substantial range of major concepts, values and principles relevant to their application;
- 2. Demonstrate detailed knowledge of a wide range of social, political and contextual implications of the issues studied;
- 3. Demonstrate critical awareness of key elements of related procedural matters;
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 4. Integrate and assess relevant information from primary and secondary legal sources using appropriate interpretative techniques;
- 5. Demonstrate detailed knowledge and understanding of the methods and rationales for studying human rights law in context, as well as their limits;
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 6. Manage relevant resources and information effectively, and to develop your own arguments and opinions with minimum guidance;
- 7. Communicate and engage in debate effectively and accurately, orally and in writing, in a manner appropriate to the discipline; and
- 8. Work independently and to manage time well in preparing for scheduled learning activities, and to complete specific tasks, exercises and assessments within a limited time frame.
Syllabus plan
Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will include the following topics in the order indicated:
1. Introduction to the topic of State killing, deaths in custody and democracy through high-profile case studies and the issues they raise.
2. Introduction to key concepts of democracy and the rule of law.
3. Introduction to key issues and concepts in policing, public order, the use of force, custody, the care of the State, and disappearances
4. Introduction to the ECHR and Article 2 on the Right to Life: origins, drafting, development.
5. In-depth analysis of the ECHR’s substantive and procedural analysis of Article 2 in the above areas: the three exceptions to Article 2 (2.2(a), 2.2(b) and 2.2(c)); planning and control issues; the State’s duty to investigate and public accountability.
6. Critical contextual, social and political perspectives on these areas of State power and human rights law, including media and NGO perspectives.
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 26.5 | 123.5 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning & Teaching activities | 22 | 11 x 2 hour lectures with discussion activities |
| Scheduled Learning & Teaching activities | 4.5 | 3 x 1.5 hour seminars: Individual and group work |
| Guided independent study | 57 | Individual reading and lecture preparation |
| Guided independent study | 20 | Workshop Preparation |
| Guided independent study | 40 | Assessment Preparation |
| Guided independent study | 6.5 | Formative assessment |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Discursive essay-type question | One hour students will be given an essay question to answer in self-imposed exam conditions but with access to their notes. | 1-8 | Written/oral |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 0 | 100 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Examination - open note | 100 | Two hours (two questions from choice of five questions) | 1-8 | Written/ oral |
| 0 | ||||
| 0 | ||||
| 0 | ||||
| 0 | ||||
| 0 |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Examination - open note | Examination - open note (Two hours (two questions from choice of five questions)) | 1-8 | August/September re-assessment period |
Indicative learning resources - Basic reading
D.J. Harris, M. O'Boyle, E.P. Bates and C.M. Buckley, Harris, O'Boyle & Warbrick: Law of the European Convention on Human Rights, 3rd edn (Oxford University Press, 2014)
S. Bronnitt, M. Gani and S. Hufnagel, Shooting to Kill: Socio-Legal Perspectives on the Use of Lethal Force (Hart, 2012)
P. Squires and P. Kennison, Shooting to Kill? Policing, Firearms and Armed Response, (Wiley-Blackwell, 2010)
E. Wicks, The Right to Life and Conflicting Interests, (OUP, 2010)
F. Leverick, Killing in Self-Defence , 2006 (OUP)
S. Uniacke, Permissible Killing , 1996 (CUP)
P. A. J. Waddington, The Strong Arm of the Law (OUP, 1991) and Policing Citizens (UCL, 1999)
S. Skinner, ‘Deference, Proportionality and the Margin of Appreciation in Lethal Force Case Law under Article 2 ECHR’ (2014) 1 European Human Rights Law Review 32-38
S. Skinner, “The Right to Life, Democracy and State Responsibility in ‘Urban Guerilla’ Conflict: The Grand Chamber Judgment in Giuliani and Gaggio v Italy ”, (2011) 11.3 Human Rights Law Review 567-577
J. Chevalier-Watts, ‘Effective Investigations Under Article 2 of the European Convention on Human Rights: Securing the Right to Life or an Onerous Burden on a State?’ (2010) 21(3) European Journal of International Law 701-721
J. Chevalier-Watts, ‘A Rock and a Hard Place: Has the European Court of Human Rights Permitted Discrepancies to Evolve in Their Scrutiny of Right to Life Cases?’ (2010) 14.2 International Journal of Human Rights 300-318
F. De Sanctis, ‘What Duties Do States Have with Regard to the Rules of Engagement and the Training of Security Forces under Article 2 of the European Convention on Human Rights?’ (2006) 10(1) The International Journal of Human Rights 31-44
ELE – http://vle.exeter.ac.uk/
Indicative learning resources - Web based and electronic resources
ECHR case law: http://www.echr.coe.int/
| Credit value | 15 |
|---|---|
| Module ECTS | 7.5 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 6 |
| Available as distance learning? | No |
| Origin date | 14/11/2012 |
| Last revision date | 18/01/18 |
