The Debate about Soviet Genocide in Lithuania in the Case Law of The European Court of Human Rights
Sagatienė, D. (2020). The Debate about Soviet Genocide in Lithuania in the Case Law of The European Court of Human Rights. Nationalities Papers, 1-16. doi:10.1017/nps.2020.56
Posted: 10 Dec 2020
Date Written: November 27, 2020
Since 1990 Lithuania has been claiming that what happened there during Soviet occupation is genocide, as per 1948 Genocide Convention, which embodies universal justice for suppressed nations and other groups. Due to Soviet actions in Lithuania, throughout the periods of 1940-1941 and 1944-1990, the country lost almost 1/5 of its population. The application of Lithuanian national legal regulations regarding this issue has been recently discussed in the framework of another postwar international legal instrument – the European Convention of Human Rights (1950). The goal of this article is to examine the main debates, which were revealed by the European Court of Human Rights in the cases of Vasiliauskas v. Lithuania (2015) and Dre˙lingas v. Lithuania (2019), regarding the killings of Lithuanian partisans, including: the recognition of the significance of partisans for the Lithuanian nation, the foreseeability of genocide “in part”, as well as the punishment for the complicity to kill Lithuanian partisans.
Keywords: Soviet genocide, European Court of Human Right
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