European Court of Human Rights

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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 release here). Briefly, the Court found Russia responsible for serious human rights abuses in the immediate aftermath of the conflict. But, by 11 votes to 6, it refused to look at any of the alleged substantive violations of the right to life during the ‘active hostilities’ phase of the conflict. This is a very important judgment – a substantial, but far from total win for Georgia – but also a very disappointing one. Regardless of the final outcome, the Court’s reasoning on the key points of jurisdiction and the applicability of the European Convention in armed conflict is exemplary only in its arbitrariness. It is a retrograde step, putting the Court firmly against…

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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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Slovenia v. Croatia: A New Admissibility Criterion for Inter-State Applications under the ECHR?

Background and Main Legal Questions of the Decision On 18 December 2020, the Grand Chamber issued its decision on the application of Slovenia against Croatia. The application was lodged in 2016 and relates to unpaid and overdue debts owed to Ljubljanska Banka d.d. by Croatian companies following the disintegration of the former Socialist Federal…

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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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The Assassination of Alexander Litvinenko Before the European Court of Human Rights

In more extraterritoriality news, the Guardian recently reported that the widow of Alexander Litvinenko, who was killed in London in 2006 by Russian agents using a radioactive poison, has revived the claim she had previously filed against Russia before the European Court of Human Rights: The widow of Alexander Litvinenko has submitted…

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