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.
Geneva Academy
More than 30 DHRTTD developers and users representing different permanent missions, national ministries, international and regional organizations, national human rights institutions, civil society organizations and academia delved into the transformation digital tools bring to the human rights landscape.
Geneva Academy
Dr Harper shed light on military technologies’ potential impact on human rights and addressed the risks associated with the cross-application of these technologies and the related need for regulation.
Adobe
This Human Rights Conversation will explore the extent to which an independent mechanism such as the Meta Oversight Board is akin to a human rights tribunal and the risks that could be linked to delegating such powers to a private authority.
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.
UN Photo
This online short course analyses the main international and regional norms governing the international protection of refugees. It notably examines the sources of international refugee law, including the 1951 Geneva Convention Relating to the Status of Refugees, and their interaction with human rights law and international humanitarian law.
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.
Olivier Chamard / Geneva Academy
The Treaty Body Members’ Platform connects experts in UN treaty bodies with each other as well as with Geneva-based practitioners, academics and diplomats to share expertise, exchange views on topical questions and develop synergies.
Olivier Chamard/Geneva Academy
Geneva Academy