European Court of Human Rights

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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…

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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…

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J.I. v. Croatia: Violence against Roma women – discrimination not an issue?

J.I. v. Croatia (8.09.2022) is the first European Court of Human Rights case arising from domestic violence against a Roma woman and the second related to sexual violence against a Roma girl. Police were neglectful. The intervener exposed systemic police normalisation, and disregard of, Roma intra-community violence against women.  A procedural violation of Article…

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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…

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Liu v. Poland: A Game Changer for the Extradition Agendas of Autocracies (like China)?

The case of Mr. Hung Tao LIU, one of the many Taiwanese suspects arrested in Europe for cross-border telecom fraud, has once again put Chinese human rights conditions under the international spotlight. By a judgment issued on 6 October 2022, Liu v. Poland, no. 37610/18, the First Section of the European Court of Human Rights…

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