Right to Life

Page 1 of 15

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

A new variety of rights-based climate litigation: a challenge against the Energy Charter Treaty before the European Court of Human Rights

In the last couple of years, the European Court of Human Rights (ECtHR) has become a hotspot for rights-based climate change litigation. At the time of writing, seven cases are pending before the Court, with applicants seeking to challenge various aspects of domestic climate change laws and policies in the various respondent states, arguing that they violate their…

Read more

Update on ECtHR Interim Measures Concerning Russia and Ukraine

This afternoon the European Court interpreted and reinforced the Rule 39 interim measures it had previously issued against Russia regarding the war in Ukraine, in response to additional requests made by Ukraine. Here’s the press release, with the title ‘Expansion of interim measures in relation to Russian military action in Ukraine,’ which bears…

Read more

The International Law of Intelligence Sharing in Multinational Military Operations: A Primer

The massive airlift by the United States and its allies that followed the Taliban’s victory in the Afghan war had a remarkable feature: the Taliban not only did not interfere with it, but actively assisted it. After two decades of fighting the Taliban, the United States found in them unlikely partners willing to provide, for a limited time,…

Read more
  • Page 1 of 15
  • Last