European Convention on Human Rights

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Amicus Curiae Brief re MH17; Human Rights Committee on Search and Rescue at Sea

Recent weeks have been something of an extraterritoriality extravaganza. So let’s continue with that theme, hopefully not ad nauseam. First, readers might be interested in the amicus curiae brief that my colleague Sangeeta Shah and I co-authored and which we submitted this week to the European Court of Human Rights in the case of Ukraine and the Netherlands v. Russia (nos 8019/16, 43800/14 and 28525/20). Our brief deals exclusively with the 2014 downing of the MH17 airliner over Ukraine. By way of procedural background, in July 2020 the Netherlands filed a case against Russia re MH17 (press release; post by Risini and Ulfstein), which in December the Court joined with two other applications by Ukraine (press release). There is also a communicated individual case pending before the Court on MH17 (Ayley and others v. Russia). The first part of our brief addresses issues of attribution and state jurisdiction in the sense of Article 1 ECHR, providing guidance on the…

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Georgia v. Russia No. 2: The European Court’s Resurrection of Bankovic in the Contexts of Chaos

Last week the Grand Chamber of the European Court of Human Rights delivered its judgment in the second interstate case brought by Georgia against Russia (no. 38263/08), dealing with the August 2008 conflict between the two states (see my brief preview here ; for a summary of the judgment see the Court’s press…

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ECtHR Georgia v. Russia No. 2 Judgment to be Delivered on Thursday

A quick heads-up to our readers that on Thursday, 21 January, the Grand Chamber of the European Court of Human Rights will be delivering its long-awaited judgment in Georgia v. Russia (No. 2), the interstate case dealing with the 2008 conflict in Georgia. We will have commentary on the judgment soon after it comes out. In lieu of…

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ECtHR Grand Chamber Declares Admissible the Case of Ukraine v. Russia re Crimea

Yesterday the Grand Chamber of the European Court of Human Rights rendered its admissibility decision in the interstate claim brought by Ukraine against Russia regarding systematic human rights violations allegedly committed by the latter in Crimea. This is one of several interstate cases brought by Ukraine against Russia; others deal, for example, with the situation…

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The ECtHR’s Pending Climate Change Case: What’s Ill-Treatment Got To Do With It?

On 30 November, the Court made headlines when it communicated its first climate change case. The application was brought by six Portuguese children and young people, with the crowd-funded support of the Global Legal Action Network (GLAN). The respondents are 33 Member States of the Council of Europe, and the case – which was taken…

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