Ukraine and the Netherlands v. Russia: Seeing Through the Fog; The European Court of Human Rights Redefines Wartime Accountability

Abstract

Beyond the haze of war, jurisdiction continues to endure as the European Court of Human Rights (ECtHR) reversed its prior position on wartime adjudication. In the noted case, the Court was tasked with determining whether Russia’s actions were consistent with the Convention. However, the previous position of the Court was to remain hands-off when asked to review the conduct of states amidst an ongoing armed conflict, as evidentiary and jurisdictional concerns were understood to prompt a cautious approach. The noted case marked a dramatic turn, as the Court found that Russia’s actions fell within Russia’s Article 1 obligation to uphold the substantive rights of those living under its effective control.