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 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 governments. It also made numerous pronouncement of systemic importance for international human rights law, most of them moving the Court’s jurisprudence in a good, sensible direction. (But not all). The case resulted from a joinder of two applications filed against Russia by Ukraine, dealing with questions of human rights violations in Eastern Ukraine starting in 2014 and with instances of abduction of children, and an application filed by the Netherlands that deals with the 2014 downing of the MH17 airliner over Ukraine. For some background on the case and our prior coverage on EJIL: Talk!, including the relevant recent criminal judgment before Dutch courts on the MH17, see here, here and…

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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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HF and Others v France: Extraterritorial Jurisdiction without Duty to Repatriate IS-Children and their Mothers

On 14 September 2022 the Grand Chamber of the European Court of Human Rights (ECtHR or Court) issued its judgment in HF and others v France, a case concerning the repatriation of IS-children and their mothers from Syrian camps. This judgment is interesting for various reasons: it addresses an issue that is controversial in many countries; it…

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