The Changing Landscape of Security in Europe

Understanding the concept of internal and external security in Europe involves examining the institutions responsible for security and their actions. In Europe, the police and the military play key roles in ensuring security within and beyond state borders. While their domains are separated by sovereignty, their common objective is to protect their people and their state. The police focus on providing security within their respective countries, while the military focuses on external threats.

Evolution of Security Institutions

The mechanisms, practices, and technologies employed by these two institutions differ, although there is a growing overlap. They also operate under different legal frameworks, with the police being accountable within the criminal justice systems of Member States and the military being subject to their separate courts.

However, with the advancement of the European Union (EU) and the Common European Defence and Security Policy, the boundaries of sovereignty are evolving, leading to changes in the obligations of institutions towards their people. The EU has expanded its focus on police cooperation and has brought the military under the scope of its law and policy. As a result, the common external border has gained prominence.

Challenges and Legal Framework

These shifts in the European landscape also raise questions about the legality of state actions and the duty to protect citizens within and outside state borders. The European Convention on Human Rights (ECHR) comes into play, with the European Court of Human Rights interpreting it as a means to maintain European public order.

The duty of the state to fully investigate allegations of extrajudicial killing and torture within its borders is firmly established, but recent cases have challenged the limitation of this duty within national borders. This suggests a potential extension of the state's responsibility towards the actions of its agents outside its borders.

Exploring the Impact

Military engagements by European states in Iraq have further complicated the legality and accountability of actions abroad. This series of reports focuses specifically on the treatment of acts by members of the military resulting in civilian deaths in Iraq. Criminal charges in this regard have been filed in the Netherlands, Denmark, and the UK, highlighting the influence of both the EU and the ECHR in shaping concepts of responsibility and protection.

Contributing to a Deeper Understanding

By examining these specific cases and their legal framework, our aim is to contribute to a better understanding of the relationship between internal and external security within European law. The contents of this report delve into key rights of the ECHR, the scope of its applicability, the derogations and limitations, and the challenges faced in reconciling jurisdiction and responsibilities in military actions abroad.

Additionally, the annexes provide further details on the use of Article 15 of the ECHR, the definition of torture, inhuman, and degrading treatment, and the full text of the European Convention on Human Rights. Through this comprehensive analysis, we hope to shed light on the evolving landscape of security in Europe and its legal implications.