Crimea and Liability of Russia and Ukraine under the European Convention on the Protection of Human Rights Cover Image

Crimea and Liability of Russia and Ukraine under the European Convention on the Protection of Human Rights
Crimea and Liability of Russia and Ukraine under the European Convention on the Protection of Human Rights

Author(s): Natalia Cwicinskaja
Subject(s): International Law, Human Rights and Humanitarian Law, Politics and law, Geopolitics
Published by: Uniwersytet Adama Mickiewicza
Keywords: Crimea; Ukraine; the Russian Federation; European Convention on the Protection of Human Rights; European Court of Human Rights;

Summary/Abstract: The aim of this article is to present the liability of Russia and Ukraine regarding Crimea under the European Convention on the Protection of Human Rights. The author analyzes pending and possible prospective cases originating from the conflict around Crimea between Ukraine and Russia. Due to the inconsistency in case law of the EC-tHR it is difficult to clearly determine what state will be considered responsible for the violation of the rights of residents of Crimea resulting from the Convention. In author’s opinion the ECtHR could determine that the Russian Federation may be held responsible, as well as Ukraine. However, as it seems, the liability of Ukraine will be limited to the positive obligations under the ECHR.

  • Issue Year: 2019
  • Issue No: 9
  • Page Range: 85-100
  • Page Count: 16
  • Language: English