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30 May 2023
In Ukraine and the Netherlands v. Russia, the European Court of Human Rights (ECtHR) will have the opportunity to clarify and develop several topical points concerning the interpretation and application of the European Convention on Human Rights (ECHR) in situations of international armed conflict. The magnitude of the events from which the case stems is matched by the importance of the legal determinations that the Court is called upon to make.
The Geneva Academy has been granted leave by the ECtHR to intervene as a third party in this case – along with 26 governments – and submitted its third-party intervention on 28 April 2023.
Reflecting the salience of this case, the intervention focuses on three main subjects: (1) the extraterritorial application of the ECHR in an international armed conflict; (2) the relationship between the ECHR and international legal norms governing recourse to armed force between states (ius ad bellum); (3) the interplay between the ECHR and international humanitarian law (IHL).
Geneva Academy
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When preparing our third-party intervention, the chief concern was to provide legal inputs and elements that could help the Court decide the case.
‘Impartiality, objectivity and the interests of the proper administration of justice have been our guiding principles’ explains Professor Gloria Gaggioli, Director of the Geneva Academy.
‘The range of legal issues raised by the allegations is extraordinarily varied and complex. It brings into the picture the recent case law of the Court, but also doctrinal developments and the practice of other human rights bodies. We strived, in our submission, to reflect all these different aspects, with particular attention to the positions and the reflections that the Geneva Academy’s faculty and researchers have elaborated during the years’ underlines Dr Francesco Romani, Research Fellow at the Geneva Academy and in charge of our IHL-Expert Pool.
The third-party intervention has been forwarded to the parties to the case, who have been invited to include any observations which they may wish to make in reply in their written memorials which are due by 2nd October 2023.
‘We are of course at the disposal of the Court to provide additional clarifications or oral explanations regarding our submission’ says Professor Gaggioli.
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This third-party intervention represents an additional, extremely important way in which the IHL Expert-Pool (IHL-EP) operates.
‘Over the years, the ECtHR has been increasingly called upon to adjudicate on claims (arising from both inter-state cases and individual applications) alleging violation of human rights in situations of armed conflict. Through our IHL-EP, we can offer targeted IHL advice that the Court could integrate in its decisions, so as to maximize their relevance, coherence and acceptability’ explains Dr Erica Harper, Head of Research and Policy Studies at the Geneva Academy.
‘We hope that this will create positive dynamics, resulting in increased protection for victims of human rights violations as well as in stronger incentives for compliance with IHL norms’ she adds.
News
ECHO
Our new research project IHL in Focus – launched at the beginning of the year – has been presented and discussed at the 2024 European Humanitarian Forum, a major yearly event convened by the European Union focusing on prominent humanitarian issues and challenges.
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As an Associate at the International Committee of the Red Cross in the Persons Deprived of Liberty Unit, Hiran Geeganage supports the development of a methodology for monitoring and reporting on the institution’s detention activities. In this interview, he tells about the programme, fond memories and what it brought to his career.
Event
CIEL
Organized by the Geneva Human Rights Platform in co-operation with Center for International Environmental Law this event will explore the significance of this ruling by the European Court of Human Rights.
Event
ICRC / AI Generated
Co-hosted by the ICRC and the Geneva Academy, at the ICRC headquarters in Geneva, this event aims to disseminate key findings on the use of artificial intelligence in military decision making.
Training
Adobe
Participants in this training course, made of two modules, will examine the major international and regional instruments for the promotion of human rights and the environment, familiarizing themselves with the respective implementation and enforcement mechanisms.
Training
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This training course will examine how the UN Guiding Principles on Business and Human Rights have been utilized to advance the concept of business respect for human rights throughout the UN system, the impact of the Guiding Principles on other international organizations, as well as the impact of standards and guidance developed by these different bodies.
Project
UNAMID
This project will develop guidance to inform security, human rights and environmental debates on the linkages between environmental rights and conflict, and how their better management can serve as a tool in conflict prevention, resilience and early warning.
Project
UN Photo/Violaine Martin
The IHL-EP works to strengthen the capacity of human rights mechanisms to incorporate IHL into their work in an efficacious and comprehensive manner. By so doing, it aims to address the normative and practical challenges that human rights bodies encounter when dealing with cases in which IHL applies.
Publication
Geneva Academy ICRC
