Undergraduate Module Descriptor

LAW3137: Lethal Force, the ECHR and Democracy

This module descriptor refers to the 2018/9 academic year.

Module Aims

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)

This module's assessment will evaluate your achievement of the ILOs listed here – you will see reference to these ILO numbers in the details of the assessment for this module.
On successfully completing the programme you will be able to:
Module-Specific Skills1. 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;
Discipline-Specific Skills4. 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;
Personal and Key Skills6. 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.

Indicative Reading List

This reading list is indicative - i.e. it provides an idea of texts that may be useful to you on this module, but it is not considered to be a confirmed or compulsory reading list for this module.

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/