European Court of Human Rights

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An Update on the Relationship Between IHL and IHRL, Lex Specialis and Recent Developments

The past couple of years have seen a substantial number of new developments regarding the relationship between international humanitarian law (IHL) and international human rights law (IHRL). These include what is probably the most significant judicial engagement ever with this relationship – the 2025 European Court of Human Rights Ukraine and the Netherlands v. Russia merits judgment – as well as three advisory opinions of the International Court of Justice (2024 Policies and Practices; 2025 Climate Change; 2025 UNRWA AOs). There are many notable aspects of these decisions (see here, here, here, here, here, here and here). One, however, is of particular interest: how the ECtHR and the ICJ have clearly abandoned lex specialis as the conceptual framing of the IHL/IHRL relationship. This is, in my view, very much a good thing. What these courts have instead been doing is to apply IHL and IHRL simultaneously, while…

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From Specificity to Institutional Reliability: J.B. v. Greece and Diplomatic Assurances

On 26 May 2026, the European Court of Human Rights (the Court) delivered its judgment in J.B. v. Greece (no. 54796/16). The case concerns the potential removal of a Syrian national from Greece to Türkiye under the EU-Türkiye Statement of 18 March 2016, following the rejection of his asylum claim on safe third country grounds. The…

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Standing and Remedies in Climate Litigation:  How TotalEnergies Echoes KlimaSeniorinnen

The TotalEnergies climate case, whose merits were partially decided by the Paris Judicial Court in June, illustrates how associations may be the gateway through which rights-based climate cases survive. In that case, local governments and NGOs originally brought claims together against the French oil giant. They argued that TotalEnergies’ statutorily-required due diligence plan was incomplete because it…

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The Spanish Supreme Court on Rejection at the Borders of Ceuta and Melilla: What About Human Rights at Sea?

Ceuta and Melilla are Spanish Autonomous Cities located on the northern coast of Africa and bordering Morocco. They occupy a singular position within the European legal order. They simultaneously constitute the external borders of Spain, the European Union, and the Schengen Area, making them the only land frontiers between Europe and Africa. For decades, these borders have been…

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Beyond Strasbourg: The Chișinău Declaration in Europe’s Multi-Level Human Rights Architecture

Political declarations are not new to the system established through the European Convention on Human Rights (ECHR). The Chișinău Declaration, recently adopted by the Council of Europe’s Committee of Ministers, nevertheless differs from earlier declarations that primarily addressed institutional questions, subsidiarity and the relationship between Strasbourg and domestic authorities. It engages directly with substantive questions under…

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