Hostname: page-component-586b7cd67f-t7fkt Total loading time: 0 Render date: 2024-11-21T23:46:36.453Z Has data issue: false hasContentIssue false

Ukraine v. Russia; (Re Crimea)

European Court of Human Rights.  16 December 2020 .

Published online by Cambridge University Press:  07 August 2023

Get access

Abstract

Human rights — Treaties — Scope of application — European Convention on Human Rights, 1950 — Article 1 — Jurisdiction — Events in Crimea — Whether Russian Federation exercising jurisdiction over Crimea — Nature of jurisdiction under Article 1 of Convention — Territoriality principle — Whether facts complained of falling within jurisdiction of Russian Federation within meaning of Article 1 of Convention — Whether Russian Federation exercising effective control over Crimea during relevant period — Evidence — Military presence, strength and conduct — Whether Russian Federation adopting administrative practice of human rights violations in Crimea — Whether Russian Federation violating Articles 2, 3, 5, 6, 8, 9, 10, 11 and 14 of Convention, and Articles 1 and 2 of Protocol No 1 and Article 2 of Protocol No 4 to Convention — Complaints of administrative practice during relevant period in violation of Convention provisions — Whether admissible

Treaties — Ratification — Interpretation — European Convention on Human Rights, 1950 — Article 1 — Concept of jurisdiction — Meaning of jurisdiction in public international law — Vienna Convention on the Law of Treaties, 1969 — Article 29 — Presumption jurisdiction exercised normally throughout State’s territory — Whether any assertion of change to status of Crimea by States upon ratification of European Convention — Whether Russian Federation having jurisdiction over Crimea — Assumption that nature of jurisdiction not territorial

International tribunals — European Court of Human Rights — Jurisdiction — Scope of case — Temporal scope of complaints — Whether interim measure to be lifted — Subject matter of dispute — Whether issue of legality, as matter of international law, of Crimea’s purported integration into Russian Federation constituting subject matter of dispute — Whether issues raised legal — Whether political aspects depriving questions of their legal character — Preliminary issues — Whether Russian Federation complying with any obligation under Article 1 of Convention — Preliminary objections — Whether application lacking requirements of genuine application — Whether Russian Federation’s preliminary objection of incompatibility ratione loci to be dismissed — Whether Court having competence under Article 19 of Convention — Whether preliminary objection of non-exhaustion of domestic remedies to be dismissed — Whether facts complained of falling within jurisdiction of Russian Federation within meaning of Article 1 of Convention — Whether Court having competence under Article 19 of Convention — Admissibility of complaints

Evidence before international courts and tribunals — European Court of Human Rights — Assessment of evidence — Approach to evidence — Types of evidence examined — Principles of assessment — Burden of proof — Standard of proof — As to alleged existence of an “administrative practice” — As to jurisdictional issues — Examination of admissibility of complaints in inter-State case

Type
Case Report
Copyright
© Cambridge University Press & Assessment 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)