Strasbourg Observers

View posts from: Jurisdiction

  • Júlia Miklasová

Mamasakhlisi and Others v. Georgia and Russia: Russia’s Effective Control over Abkhazia Before the 2008 War: Peacekeepers, Passportisation and Other Hybrid Elements

June 13, 2023

By Dr. Júlia Miklasová Introduction The judgment rendered by the Second Section of the Court in Mamasakhlisi and Others v. Georgia and Russia relates to the allegations of human rights violations by the de facto Abkhaz authorities in Abkhazia before the 2008 Russia-Georgia War and Russia’s recognition of Abkhazia. In this case, filed against Russia […]

  • Sanna Mustasaari

The issue of extraterritorial jurisdiction in the repatriation of children detained in Syrian camps: shortcomings in the ECtHR judgment in H.F. and Others v. France

November 01, 2022

By Sanna Mustasaari The long-awaited Grand Chamber judgement in the case of H.F. and Others v. France addressed the refusal by France to repatriate the daughters and grandchildren of the applicants, all French nationals, from Syrian camps. The question of whether States should assume responsibility for their nationals, particularly children, who have been detained in […]

  • Dmitry Kurnosov

Russia without Strasbourg and Strasbourg without Russia: A Preliminary Outlook

September 20, 2022

by Dmitry Kurnosov On September 16, 2022 Russia ceased to be a party to the European Convention on Human Rights (ECHR). This event is bound to have serious repercussions both for Russia and for the Strasbourg institutions. In this contribution, I chart some of the potential implications both for Russian domestic law and for the […]

  • Dr. Cathérine Van de Graaf and Reza Khabook

Ali Riza v. Switzerland: No Jurisdiction for the Court of Arbitration for Sport?

January 28, 2022

By Dr. Cathérine Van de Graaf and Reza Khabook In this blogpost, we zoom in on the Chamber judgment of Ali Riza v. Switzerland. Some might recognise the name of the applicant. Indeed, on an earlier occasion, M. Ömer Kerim Ali Rıza (together with three amateur football players and one referee) brought a case against […]

  • Aurélie Van Baelen

WHAT IS FAIR IN LAW & WAR? Discussing States’ conduct and compliance with human rights standards during military operations abroad in Hanan v. Germany

April 09, 2021

Aurélie Van Baelen, researcher at the Human Rights Centre (University of Ghent) Introduction On 16 February 2021, the European Court of Human Rights (ECtHR) delivered its long-awaited judgment in Hanan v. Germany (application no. 4871/16). The ruling presents another episode in the saga of cases regarding States’ conduct, and more specifically their compliance with international […]

  • Guest Blogger

Damage control after Georgia v Russia (II) – holding states responsible for human rights violations during armed conflict

February 08, 2021

By Jessica Gavron and Philip Leach, European Human Rights Advocacy Centre, London Introduction The European Court of Human Rights’ recent Grand Chamber judgment in the case of Georgia v Russia (II) has already been the subject of strong criticism, both from within the Human Rights Building and outside. For Judge Pinto de Albuquerque, the judgment […]

  • Guest Blogger

Reaching the dead-end: M.N. and others and the question of humanitarian visas

May 07, 2020

By Moritz Baumgärtel M.N. and others v. Belgium confronted the ECtHR with the question whether Article 3 of the ECHR places an obligation on State Parties to provide short-term humanitarian visas in their foreign embassies and consulates to potential asylum seekers. The Court, assembled in its Grand Chamber, found the case to be outside the […]

  • Guest Blogger

Ilașcu: from contested precedent to well-established case-law

October 31, 2019

By Linda Hamid, Research Fellow at the Leuven Centre for Global Governance Studies – Institute for International Law, KU Leuven On 15 October 2019, the European Court of Human Rights delivered a judgment in the case of Grama and Dîrul v. The Republic of Moldova and Russia, whereby it found a violation of Art. 1, […]