Collateral Damages of Military Operations: Is Implementation of International Humanitarian Law possible Using International Human Rights Law Tools

The aim of the essay is to take part in the largely debated question whether effective remedy is provided for victims of violations of international humanitarian law (IHL). Euphemistically, in cases in which respect and protection of the civilian population is not ensured, States tend to speak of 'collateral damages', a military jargon designating the wounding or the killing of civilians and the damage of their private goods as a consequence of military operations. The essay esamines some cases brought before domestic courts (Italy and Germany) and before the European Court of Human Rights, concerning the 'right' of civilian victims to receive compensation for damages.