War as a human rights matter: the European Court of Human Rights’ approach to armed conflicts in the light of the inter-state application Ukraine v. Russia (X)

Abstract

This thesis explores the role of the European Court of Human Rights (ECtHR) in addressing human rights violations during armed conflicts, with a particular focus on the case of Ukraine v. Russia (X), initiated following Russia's large-scale invasion of Ukraine in February 2022. The study offers a comprehensive analysis of the ECtHR's procedural and conceptual approaches in handling cases related to armed conflicts. It examines the procedural framework of the ECtHR, including the revival of inter-state applications, the granting of interim measures in conflict contexts, and the significance of third-party interventions. Conceptually, the research explores the extraterritorial application of the European Convention on Human Rights and its interaction with principles of Jus ad Bellum and Jus in Bello. Furthermore, the thesis evaluates the potential approach of the ECtHR in addressing human rights violations in the Ukraine v. Russia (X) case, identifying specific procedural and conceptual challenges and providing recommendations. It also considers the implications of Russia's exclusion from the Council of Europe on the ECtHR's decisions. The findings demonstrate that, despite its original focus on peacetime, the ECtHR plays a pivotal role in ensuring accountability for human rights abuses during armed conflicts. The case of Ukraine v. Russia (X) will set a precedent for how the European Convention should apply in future cases beyond Ukraine's conflict.