Adobe>
30 May 2023
In Ukraine and the Netherlands v. Russia, the European Court of Human Rights (ECtHR) will have the opportunity to clarify and develop several topical points concerning the interpretation and application of the European Convention on Human Rights (ECHR) in situations of international armed conflict. The magnitude of the events from which the case stems is matched by the importance of the legal determinations that the Court is called upon to make.
The Geneva Academy has been granted leave by the ECtHR to intervene as a third party in this case – along with 26 governments – and submitted its third-party intervention on 28 April 2023.
Reflecting the salience of this case, the intervention focuses on three main subjects: (1) the extraterritorial application of the ECHR in an international armed conflict; (2) the relationship between the ECHR and international legal norms governing recourse to armed force between states (ius ad bellum); (3) the interplay between the ECHR and international humanitarian law (IHL).
Geneva Academy
Adobe
Adobe>
When preparing our third-party intervention, the chief concern was to provide legal inputs and elements that could help the Court decide the case.
‘Impartiality, objectivity and the interests of the proper administration of justice have been our guiding principles’ explains Professor Gloria Gaggioli, Director of the Geneva Academy.
‘The range of legal issues raised by the allegations is extraordinarily varied and complex. It brings into the picture the recent case law of the Court, but also doctrinal developments and the practice of other human rights bodies. We strived, in our submission, to reflect all these different aspects, with particular attention to the positions and the reflections that the Geneva Academy’s faculty and researchers have elaborated during the years’ underlines Dr Francesco Romani, Research Fellow at the Geneva Academy and in charge of our IHL-Expert Pool.
The third-party intervention has been forwarded to the parties to the case, who have been invited to include any observations which they may wish to make in reply in their written memorials which are due by 2nd October 2023.
‘We are of course at the disposal of the Court to provide additional clarifications or oral explanations regarding our submission’ says Professor Gaggioli.
Adobe>
This third-party intervention represents an additional, extremely important way in which the IHL Expert-Pool (IHL-EP) operates.
‘Over the years, the ECtHR has been increasingly called upon to adjudicate on claims (arising from both inter-state cases and individual applications) alleging violation of human rights in situations of armed conflict. Through our IHL-EP, we can offer targeted IHL advice that the Court could integrate in its decisions, so as to maximize their relevance, coherence and acceptability’ explains Dr Erica Harper, Head of Research and Policy Studies at the Geneva Academy.
‘We hope that this will create positive dynamics, resulting in increased protection for victims of human rights violations as well as in stronger incentives for compliance with IHL norms’ she adds.
Adobe
The Geneva Academy has been granted leave by the Court to intervene as a third party in this case – along with 26 governments – and submitted its third-party intervention on 28 April 2023.
Geneva Academy
In addition to the ongoing non-international armed conflicts (NIACs) that oppose the Sudanese armed forces to a number of non-state armed groups in the country, our RULAC online portal just classified a parallel NIAC between Sudan and the Rapid Support Forces (RSF) led by General Hamadan.
Adobe
This annual conference co-organized with the University of Essex provides a space for experts and practitioners, diplomats, academics, young scholars and civil society representatives to discuss contemporary legal issues in armed conflict.
Adobe
The Annual Conference of the Geneva Human Rights Platform will take place in New York to explore the links between Geneva and New York, the relevance of Geneva's outputs in New York debates, and the implications for human rights.
ICRC
This online short course will examine the sources of international humanitarian law (IHL), as well as the threshold criteria for its applicability in an armed conflict
ICRC
This online short course focuses on the specific issues that arise in times of armed conflict regarding the respect, protection and fulfilment of human rights. It addresses key issues like the applicability of human rights in times of armed conflict; the possibilities of restricting human rights under systems of limitations and derogations; and the extraterritorial application of human rights law.
The Rule of Law in Armed Conflicts project (RULAC) is a unique online portal that identifies and classifies all situations of armed violence that amount to an armed conflict under international humanitarian law (IHL). It is primarily a legal reference source for a broad audience, including non-specialists, interested in issues surrounding the classification of armed conflicts under IHL.
Shutterstock
This project will explore humanitarian consequences and protection needs caused by the digitalization of armed conflicts and the extent to which these needs are addressed by international law, especially international humanitarian law.
Geneva Academy