Armed Conflict

Page 1 of 65

Filter category

Feature post image

The European Court’s Admissibility Decision in Ukraine and the Netherlands v Russia: The Good, the Bad and the Ugly – Part II

In the first part of this post I talked about the (many) good things about the European Court’s admissibility decision in Ukraine and the Netherlands v Russia. In particular, the conclusion that Russia controlled the separatist areas of Eastern Ukraine from 2014 up to the oral hearing in the case in 2022 and (as the Court will inevitably find) to this day is legally and factually unimpeachable. It will be applied in all future cases dealing with the Ukrainian conflict. In this good category we can also include, albeit with a bit of hesitation, the Court’s approach to the jurisdiction issue regarding the downing of the MH17. Essentially the Court found that the missile that downed the MH17 was fired from Russian-controlled territory and that the plane was hit in the airspace above Russian-controlled territory, so that the spatial model of jurisdiction could apply here as well. It is therefore clear from the ample evidence before the Court that, unlike in the case of the artillery attacks discussed above, both the…

Read more

The European Court’s Admissibility Decision in Ukraine and the Netherlands v Russia: The Good, the Bad and the Ugly – Part I

Yesterday the Grand Chamber of the European Court of Human Rights delivered its much-anticipated decision on jurisdiction and admissibility in the interstate case of Ukraine and the Netherlands v. Russia (nos 8019/16, 43800/14 and 28525/20 – decision; press release). The Court declared the applications admissible, in a clear win for the applicant…

Read more

On Binaries, Blind Spots, and Shades of Gray: The UN Report on LGBTQ+ Persons in Armed Conflict

“I'd prefer it if you shoot me in the head.” These were the words of a young gay man in Syria in 2015 who knew his fate was to be thrown from the roof of a high-rise building after being convicted by ISIS for sodomy. The persecution, targeting and rape of lesbian, gay, bisexual, trans,…

Read more

Control in the context of chaos: the war in Ukraine and Russia’s jurisdiction under the ECHR

In January 2021, the Grand Chamber of the European Court of Human Rights (the Court) issued its long-awaited judgment in Georgia v Russia (II) related to the armed conflict that took place between Georgia and Russia in August 2008, and the continued Russian presence in South Ossetia and Abkhazia. A contentious aspect of the Court’s judgment concerned…

Read more

As Far As We Know, There Has Been No Armed Attack Against Poland

Yesterday a missile struck a village in Poland, near the Ukrainian border, prompting immediate fears of escalation and of a more direct entry of NATO states into the Russian/Ukranian armed conflict. As I write this it remains unclear whether the missile was fired by Russian or by Ukranian armed forces. However, US President Biden and other US officials…

Read more
  • Page 1 of 65
  • Last