64 HASSAN v. THE UNITED KINGDOM JUDGMENT – SEPARATE OPINION Churchill’s view that the internment even of enemy aliens in war time was “in the highest degree odious...” 15. In the light of the above, the arguments from State practice, relied upon heavily by the majority, cannot, in my view, sustain its finding in this case. V. 16. As regards the majority’s second rationale, it is certainly true that the Convention must be interpreted in harmony with other rules of international law of which it forms part. But the doctrine of consistent interpretation of the Convention with other norms of international law has its limits, as does any other harmonious method of legal interpretation. Article 5 § 1 is worded exhaustively, as regards the permitted grounds for deprivation of liberty, and the Court has consistently held, without exception till today, that these grounds should be interpreted narrowly. There is simply no available scope to “accommodate”, to use the language of the majority (see paragraph 104), the powers of internment under international humanitarian law within, inherently or alongside Article 5 § 1. That is the very raison d’être of Article 15, which explicitly opens up the possibility for States in times of war or other public emergencies threatening the life of the nation to derogate from Article 5, amongst other provisions. The majority’s support for a contrary understanding of Article 5 renders Article 15 effectively obsolete within the Convention structure as regards the fundamental right to liberty in times of war. 17. Furthermore, the majority concludes that the provisions of the Third and Fourth Geneva Conventions relating to internment, at issue in the present case, were “designed to protect captured combatants and civilians who pose a security threat”. Thus, the lack of formal derogation under Article 15 “does not prevent the Court from taking account of the context and the provisions of international humanitarian law when interpreting and applying Article 5 in this case” (see paragraph 103). In support of this approach (see paragraph 102), the majority relies on the observations in paragraph 185 of Varnava and Others v. Turkey [GC], nos. 16064/90 et al., ECHR 2009), where the Court stated that Article 2 of the Convention should be “interpreted in so far as possible in light of the general principles of international law, including the rules of international humanitarian law which play an indispensable and universally accepted role in mitigating the savagery and inhumanity of armed conflict”. Moreover, the majority refers to the “co-existence of the safeguards provided by international humanitarian law and by the Convention in time of armed conflict” (see paragraph 104). International human rights law and international humanitarian law exhibit quite extensive differences both methodologically and structurally,

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