Wallace, S orcid.org/0000-0001-6871-0074 and Mallory, C (2019) Applying the European Convention on Human Rights to the Conflict in Ukraine. Russian Law Journal, 6 (3). pp. 8-78. ISSN 2312-3605
Abstract
The “annexation” of Crimea by the Russian Federation and the ongoing conflict in Eastern Ukraine have resulted in widespread human rights abuses. Both Ukraine and the Russian Federation are signatories to the European Convention on Human Rights and the Convention should apply within the territory and to the conflict. However, recent applications to the European Court of Human Rights reveal a great deal of confusion over which State bears responsibility for protecting human rights in different parts of Ukraine. This article seeks to shine a light on this problem presenting a deep analysis of the European Court of Human Rights’ jurisprudence and discussing how it applies to both the conflict in Eastern Ukraine and “annexed” Crimea. It addresses salient issues such as responsibility for the actions of non-state actors and armed groups in Eastern Ukraine and whether the legality of the “annexation” has any bearing on the human rights obligations of each State. The article presents a detailed critique of recent judgments from the European Court of Human Rights arguing that the jurisprudence of the Court has created a bewildering degree of complexity and uncertainty as to the obligations of each State and discussing the practical implications of this uncertainty.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | This is protected by copyright. All rights reserved. This is an open access article under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International (https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode) |
Keywords: | Ukraine; Russia; armed conflict; European Convention on Human Rights; Crimea; jurisdiction; state responsibility; territory; control; belligerent occupation |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 19 Oct 2020 12:53 |
Last Modified: | 25 Jun 2023 22:27 |
Status: | Published |
Publisher: | Supporting Academic Initiatives Foundation |
Identification Number: | 10.17589/2309-8678-2018-6-3-8-78 |
Related URLs: | |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:166662 |