ECtHR Case-law Concerning Russian Aggression on Ukraine and the Events Taking Place after 2014

IF 0.4 Q3 LAW

International Community Law Review Pub Date : 2023-11-22 DOI:10.1163/18719732-bja10115

Jakub J. Czepek

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Abstract

Ukraine has faced ongoing armed conflict within the eastern parts of its territory since 2014. The state witnessed the annexation of Crimea, de facto occupation of Donetsk and Lugansk regions, the shooting down of Flight MH-17, and numerous human rights violations in the eastern parts of the country. Since the Russian aggression in 2022, Ukraine has faced armed conflict throughout the country. At the same time, Russia and Ukraine had been states parties to the European Convention on Human Rights (ECHR). Russia ceased to be a party to the ECHR on 16 September 2022, due to its expulsion from the Council of Europe (CoE) six months earlier. All the applications against the Russian Federation filed to the European Court on Human Rights (ECtHR) before this date should – and will – be examined by the Court. This research mainly aims to analyse the Court’s existing case-law concerning the events in Ukraine after 2014, and the ECtHR jurisprudence concerning armed conflicts. The purpose of such analysis is to examine the possibilities and challenges the Court will face in its forthcoming judgments in inter-state applications filed by Ukraine against Russia. It should be stressed that the execution of these future judgments may also be an issue.

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欧洲人权法院关于俄罗斯侵略乌克兰及2014年以后发生的事件的判例法

自2014年以来，乌克兰在其领土东部地区面临持续的武装冲突。在这个国家，克里米亚被吞并，顿涅茨克和卢甘斯克地区被实际占领，MH-17航班被击落，该国东部地区发生了许多侵犯人权的行为。自2022年俄罗斯入侵以来，乌克兰全国各地都面临武装冲突。与此同时，俄罗斯和乌克兰是《欧洲人权公约》的缔约国。由于六个月前被欧洲委员会(CoE)驱逐，俄罗斯于2022年9月16日不再是《欧洲人权公约》的缔约国。在这一日期之前向欧洲人权法院(欧洲人权法院)提出的针对俄罗斯联邦的所有申请都应该并将由该法院审查。本研究主要旨在分析欧洲人权法院关于2014年之后乌克兰事件的现有判例法，以及欧洲人权法院关于武装冲突的判例。这种分析的目的是审查法院在即将对乌克兰对俄罗斯提出的国家间申请作出判决时将面临的可能性和挑战。应当强调指出，今后这些判决的执行也可能是一个问题。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

International Community Law Review LAW-

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期刊介绍： The Journal aims to explore the implications of various traditions of international law, as well as more current perceived hegemonic trends for the idea of an international community. The Journal will also look at the ways and means in which the international community uses and adapts international law to deal with new and emerging challenges. Non-state actors , intergovernmental and non-governmental organisations, individuals, peoples, transnational corporations and civil society as a whole - have changed our outlook on contemporary international law. In addition to States and intergovernmental organizations, they now play an important role.