Autore
Pisillo Mazzeschi, Andrea

Titolo
Il contenzioso tra Ucraina e Federazione russa davanti alla Corte europea dei diritti dell’uomo
Periodico
Freedom, security & justice (Online)
Anno: 2022 - Fascicolo: 2 - Pagina iniziale: 88 - Pagina finale: 100

Numerous interstate appeals are currently pending before the European Court of Human Rights between Ukraine and Russia. In this article, I will deal with the three most interesting cases. The first case concerns the events surrounding Russia's seizure of control over Crimea. The European Court issued an admissibility decision in 2021. The most significant aspect concerns the question of the nature (territorial or extraterritorial) of Russia's jurisdiction over Crimea under Article 1 of the ECHR. The Court, in essence, held that Russia had jurisdiction on the basis of the criterion of "effective control" of the territory. However, some passages of the decision are somewhat ambiguous, because although the Court stated that it would not rule on the legality of Russia's annexation of Crimea, it also seems to rule out the legality of that annexation. The part of the Court’s decision devoted to the prima facie finding of unlawful administrative practices conducted by Russia is also interesting. The second case concerns alleged systematic human rights violations committed by Russia in the occupied regions of Donetsk and Luhansk prior to the 2022 invasion. Also in this case, which has not yet been decided, the problem of the relationship between territorial and extraterritorial jurisdiction under Article 1 of the ECHR comes to light. The third case concerns a claim by Ukraine against Russia for events after the February 2022 invasion. The Court has issued some provisional measures for now. Finally, the article concludes with some observations on the phenomenon of the growth of interstate human rights appeals. My thesis is that this phenomenon should be positively assessed; and that in many cases the state actor legitimately pursues both the protection of its own interests and the protection of collective interests embodied in human rights treaties



SICI: 2532-2079(2022)2<88:ICTUEF>2.0.ZU;2-E
Testo completo: http://www.fsjeurostudies.eu/files/FSJ.2.2022.4.PISILLO-MAZZESCHI.pdf

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