International Humanitarian and Human Rights Law in Russian Courts

International Humanitarian Legal Studies 2 (2011) 216–249

34 Pages Posted: 27 Jan 2015 Last revised: 4 Feb 2019

See all articles by Sergey Marochkin

Sergey Marochkin

University of Tyumen; Tyumen State University

Vladimir Popov

Russian Academy of Sciences (RAS) - Baikal State University of Economics and Law

Date Written: August 21, 2012

Abstract

The paper investigates the implementation of the norms of international humanitarian and human rights law in the Russian courts. It may be viewed as a specific feature that these two categories are considered close in part of the Russian doctrine and, as we will see below, in some judicial cases. Since the adoption of the Constitution of the Russian Federation in 1993 international law has been granted a specific status and significance in the Russian legal system.

According to the Constitution and legislation, Russian courts have had the opportunity to play a special role in the implementation of international humanitarian and human rights law. That being said, judicial practice relating to the implementation and the application of these norms is different from that of other international law norms. It is, however, explained, in particular, by the fact, that there are not many cases which either mention directly or use humanitarian law.

Often, courts make abstract or general references to international treaties or make decisions only on the basis of the national law, though the considered cases fall directly under the regulation of international humanitarian or human rights law. In conclusion, at present the practice of Russian courts is rather diverse and needs further unification.

Keywords: International law, international humanitarian law, Constitution of the Russian Federation, domestic courts, application of the rules of humanitarian and human rights law,

JEL Classification: K33

Suggested Citation

Marochkin, Sergey and Popov, Vladimir, International Humanitarian and Human Rights Law in Russian Courts (August 21, 2012). International Humanitarian Legal Studies 2 (2011) 216–249. Available at SSRN: https://ssrn.com/abstract=2555536

Sergey Marochkin (Contact Author)

University of Tyumen ( email )

6, Volodarskogo st.
Tyumen, 625003
Russia

Tyumen State University ( email )

10 Semakov st.
Tyumen, Tyumen Region (Oblast') 625003
Russia
(+007) 3452 45 56 87 (Phone)
(+007) 3452 45 56 87 (Fax)

Vladimir Popov

Russian Academy of Sciences (RAS) - Baikal State University of Economics and Law ( email )

Lenina, str. 11
Irkutsk, 664003
Russia

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
34
Abstract Views
361
PlumX Metrics