The 2021 ECtHR Decision in<i>Georgia v Russia (II)</i>and the Application of Human Rights Law to Extraterritorial Hostilities

Longobardo, Marco; Wallace, Stuart

doi:10.1017/s0021223721000261

Cited by 4 publications

(5 citation statements)

References 22 publications

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“…Article 32 of the Convention stipulates that the Court has the power to examine all questions relating to the interpretation and application of the Convention and its Protocols as prescribed in Articles 33, 34, 46, and 47. In case of a dispute over jurisdiction, the Court shall independently resolve the dispute 12 . Thus, the principal legal instrument for the Court's activities is the ECHR and its Protocols, but the need to address the issues raised in complaints related to human rights violations during armed conflicts has prompted the Court to formulate its position on the possibility of applying IHL.…”

Section: ■ Results and Discussionmentioning

confidence: 99%

“…When determining the normative basis of a decision, specifically IHL, the Court in some cases provides for such a section. See, for instance, "Relevant International and National Law and Practice" in the case of "Hassan v. The United Kingdom" 11 , which states as follows: the provisions of the Third Geneva Convention of 12 August 1949 12 (para. 38) 1 .…”

Section: ■ Results and Discussionmentioning

confidence: 99%

“…A range of publications are devoted to the investigation of individual cases and legal positions of the ECHR concerning armed conflicts and human rights violations during these conflicts. Thus, M. Longobardo & S. Wallace (2022), analysing the Court's conclusions in the 2021 case of "Georgia v. Russia (II)" 2 on the applicability of the Convention to the conduct of hostilities, summarise that the Court's conclusion is unconvincing, and the arguments are based on extra-legal considerations rather than on a correct interpretation of the concept of state jurisdiction under the Convention. The issue of the application of IHL in the context of the armed conflict in Ukraine is also currently widely discussed.…”

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confidence: 99%

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Application of international humanitarian law by the European Court of Human Rights

Taran,

Hryha

2024

Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav

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The problem of human rights protection is particularly acute during armed conflicts, when the most widespread and serious human rights violations occur. International humanitarian law is a reliable tool for countering such violations, specifically through the implementation of its norms alongside the European Convention on Human Rights in the judgments of the European Court of Human Rights. The purpose of this study was to make some generalisations about the approaches of the European Court of Human Rights to determining the relationship and correlation between the European Convention on Human Rights and inter- national human rights law, international humanitarian law, and the limits and conditions of application of international humanitarian law by the European Court of Human Rights. The study employed a combination of methods of cognition to collect, analyse, and interpret information, namely: documentary, statistical, legal, historical, and critical. The chosen methodology ensures the objectivity and reliability of the study. The study was based on the judgments of the European Court of Human Rights, which examine, analyse, and apply international humanitarian law, as well as on academic publications, recommendations and explanations of international institutions, experts, and human rights organisations regarding the relationship between inter- national human rights law, the European Convention on Human Rights and international humanitarian law, and the possibility of their simultaneous application. The study summarised a range of legal positions of the European Court of Human Rights, which helped to identify the principal approaches and trends in the applica- tion of international humanitarian law in the consideration of complaints of human rights violations in armed conflicts, including the expansion of the practice of applying international humanitarian law, strengthening the protection of human rights in armed conflict, and attention to new challenges associated with armed conflicts. The practical significance of the study lies in the fact that it contributes to a better understanding of international humanitarian law and the legal positions of the Court, and to the development of additional mechanisms for ensuring respect for human rights and international humanitarian law

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Section: ■ Results and Discussionmentioning

confidence: 99%

Section: ■ Results and Discussionmentioning

confidence: 99%

mentioning

confidence: 99%

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Application of international humanitarian law by the European Court of Human Rights

Taran,

Hryha

2024

Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav

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“…During the analysis of the fundamental right to life, we turned to the works of Longobardo and Wallace (2022), who note that the Court strictly adheres to the high standards provided for in the Convention and often, without explaining the reasons, rejects the inclusion of international humanitarian law in its assessment. Wallace and Mallory (2016) express the opinion that the Court should interact with international humanitarian law openly and transparently and determine the moments when it affects the norms of the Convention.…”

Section: Discussionmentioning

confidence: 99%

Effectiveness of European Human Rights Protection Mechanisms in the Context of Military Operations

2024

PJC

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It is important to have effective protection mechanisms that ensure that human rights are not violated in armed conflict. The aim of the study is to analyse the role and effectiveness of protective mechanisms used by European bodies and institutions to ensure human rights during military operations. The research employed formal logical, dialectical, logical semantic methods, as well as the method of comparative law. The study results show that the provisions of the Convention and international humanitarian law complement each other, providing comprehensive protection of persons during conflicts, not competing. The academic novelty is a thorough analysis of the relationship between the provisions of the Convention and international humanitarian law with an emphasis on the fundamental right to life in the context of military operations, using a historical analysis of the decisions of the ECHR in armed conflict.

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“…3, 2021, pp. 647-688;Longobardo, Marco & Wallace, Stuart, "The 2021 ECtHR's Decision on Georgia v Russia (II) Case and the Application of Human Rights Law to Extraterritorial Hostilities", Israel Law Review, Tel Aviv, vol. 55, num.…”

Section: The Extraterritorial Application Of the Ban On Apartheidmentioning

confidence: 99%

Applicability of Apartheid to Situations of Occupation: At the Crossroad between International Humanitarian Law, International Criminal Law, and International Human Rights Law

Longobardo

2024

Anu. Mex. Derecho Int.

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The article deals with the applicability of apartheid in occupied territory. Rather than assessing whether in specific situation of an occupation an occupying power has established an apartheid regime, the article discusses whether there is anything in the law of occupation or in the international regulation of apartheid that makes them mutually exclusive. On the basis of international human rights law, international criminal law, and international humanitarian law considerations, it is argued that apartheid can be applied to occupied territory following the ordinary rules for the application of international human rights law and international criminal law in occupied territory. Accordingly, international law does not bar the application of apartheid in occupied territory, but rather, the law of occupation and apartheid coincide to strengthen the protection of civilians in occupied territories.

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The 2021 ECtHR Decision inGeorgia v Russia (II)and the Application of Human Rights Law to Extraterritorial Hostilities

Cited by 4 publications

References 22 publications

Application of international humanitarian law by the European Court of Human Rights

Application of international humanitarian law by the European Court of Human Rights

Effectiveness of European Human Rights Protection Mechanisms in the Context of Military Operations

Applicability of Apartheid to Situations of Occupation: At the Crossroad between International Humanitarian Law, International Criminal Law, and International Human Rights Law

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