European Court of Human Rights

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Victim Status before the ECtHR in Cases of Alleged Omissions: The Swiss Climate Case

The European Court of Human Rights (ECtHR) announced on Friday, 29th April, that the Swiss Climate case will be dealt with by the Grand Chamber. In accordance with article 30 of the ECHR, the competent Chamber relinquished jurisdiction in favour of the Grand Chamber. This option can be used when the seven judges decide that the case raises ‘a serious question affecting the interpretation of the Convention or the Protocols thereto, or where the resolution of a question before the Chamber might have a result inconsistent with a judgment previously delivered by the Court’. The latest development underlines the high-profile the Court is giving that case. In this blog post, I want to focus on a key aspect of the admissibility issues in relation to articles 2 and 8 (the right to life and the right to private life). The question of how the Court will interpret victim status in this case will tell us more about how Court defines its engagement with complex, urgent and large-scale threats…

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Russia and the European human rights system: Doing the right thing … but for the right legal reason?

Less than a month after its invasion of Ukraine, the Russian Federation has ceased to be a member of the Council of Europe. On 16 March 2022, the Committee of Ministers decided to expel Russia from the regional organization with immediate effect, although without resolving the many legal consequences of this decision. Perhaps the most important…

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Pushbacks and Lawlessness

Dozens of cases before the European Court of Human Rights claim that Greek authorities are engaged in a policy of secret returns of persons seeking asylum back to Turkey, or ‘pushbacks’. Α post on this blog, ‘Pushbacks as Euphemism’ by Niamh Keady-Tabbai and Itamar Mann drew attenttion to the alleged ‘driftbacks’ in the Aegean. These, however,…

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Russia’s Submission to the ICJ in the Genocide Case; Russia’s Withdrawal from the Council of Europe

A quick update on two important developments. First, the ICJ has put up on its website a submission it received from the Russian Federation in the Ukraine v. Russia genocide case, in which the Court’s provisional measures decision is pending. Because Russia has declined to participate in the proceedings – at least for now –…

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The Legality of Use of Ballistic Missiles on Cities: The Case of Armenia-Azerbaijan Armed Conflict

The so-called ‘44-Day War’ between Armenia and Azerbaijan in late 2020 also witnessed Armenia’s use of Scud ballistic missiles on several of Azerbaijan’s cities. After Iraq’s use of Scuds on Saudi, Bahrain, and Israeli cities during the Gulf War 1990-1991, it is the second time in modern history when ballistic missiles were used against population…

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