ABSTRACT

Within the ECHR system, there would have been the opportunity for the ECtHR to precisely spell out the positive obligations under the right to life in the Behrami case. 1 The facts were as follows: a group of ten- to 16-year-old boys went to a hilltop near two villages south of Mitrovica. Upon finding two unexploded BLU-97 sub-munitions left as a legacy of the 1999 Operation Allied Force by NATO member states one of the boys threw one to another whereupon the bomblet exploded, killing one Behrami brother and severely injuring the other.