Applying the European Convention on Human Rights to the Conflict in Ukraine

85 Pages Posted: 29 Sep 2016

See all articles by Stuart Wallace

Stuart Wallace

University of Cambridge - Homerton College

Conall Mallory

University of Northumbria at Newcastle

Date Written: September 29, 2016

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 a number of salient issues such as whether either State bears 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.

Keywords: human rights, extraterritorial jurisdiction, law of armed conflict, ukraine, right to life, attribution, state responsibility

Suggested Citation

Wallace, Stuart and Mallory, Conall, Applying the European Convention on Human Rights to the Conflict in Ukraine (September 29, 2016). University of Cambridge Faculty of Law Research Paper No. 48/2016. Available at SSRN: https://ssrn.com/abstract=2845407 or http://dx.doi.org/10.2139/ssrn.2845407

Stuart Wallace (Contact Author)

University of Cambridge - Homerton College ( email )

Hills Road
Cambridge, CB2 8PH
United Kingdom

Conall Mallory

University of Northumbria at Newcastle ( email )

Pandon Building
208, City Campus East-1
Newcastle-Upon-Tyne, Newcastle NE1 8ST
United Kingdom

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