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| doi.org/10.36475/L.A.W.14 |
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In this Article
Volume 8, Issue 2
Application of the European Convention on Human Rights During the International Conflict
Affiliation: Student at Tbilisi State University, Faculty of Law
Abstract: International law is not a panacea, and it is not always capable
of ensuring international peace, as a result of which there are multiple international conflicts coexisting in current geopolitics. Armed
conflicts are the source of a bleak reality that primarily affects the
population living in conflict zones. During the war, those peoples
rights are frequently violated. It makes it necessary for international
law to operate in a way that reduces the possibility of human rights
violations.
The implementation of one of the instruments of international
law, the European Convention on Human Rights, during international armed conflicts is examined in the following article. The European Convention on Human Rights is particularly relevant today,
because on its basis numerous states international legal responsibility has arisen before the European Court of Human Rights. For
now, as far as such a large-scale armed conflict is in progress in
Europe, the role of the European Convention on Human Rights is
immeasurable when it comes to protecting human rights in Ukraine.
Application of the convention in this and the other international
armed conflicts, as well as the problems and challenges of application of the convention in those situations will be discussed in the
following article.
Keywords: Human rights, Legal Protection, International Law, Armed Conflicts,
Language: GE
Bibliography:
- Jomarjidze, N. Oniani, T. Tabatadze G., (2021). The Review of the January 21, 2021 Decision of the European Court of Human rights and the Frequently Asked Questions Related to It, on the Case Georgia v. Russia (II), Georgian Young Lawyers Association. (In Georgian)
- Schabas, W.A., (2016). The European Convention on Human Rights A Commentary. United Kingdom: Oxford University Press. (In English)
- European Convention on Human Rights (1950).(In English)
- Bankovic, Stojanovic, Stoimedovski, Joksimovic and Sukovic v. Belgium, Czech Republic, Denmark, France, Germany, Greece, Hungary, Iceland, Italy, Luxembourg, Netherlands, Norway, Poland, Portugal, Spain, Turkey and the UK, (2001). ECHR. (In English)
- Georgia v. Russia (II), (2021). ECHR . (In English)
Notes:
- It should be noted that the Russian Federation withdrew from the Council of Europeon March 16, 2022 due to the military aggression in Ukraine
- European Convention on Human Rights (1950), Article 1.
- Bankovic, Stojanovic, Stoimedovski, Joksimovic and Sukovic v., (2001). Belgium, Czech Republic, Denmark, France, Germany, Greece, Hungary, Iceland, Italy, Luxembourg, Netherlands, Norway, Poland, Portugal, Spain, Turkey and the UK. ECHR.
- Ibid., § 52.
- Georgia v. Russia (II), (2021). ECHR. § 126.
- Ibid., § 141.
- Schabas, W.A., (2016). The European Convention on Human Rights A Commentary. United Kingdom: Oxford University Press.
- Georgia v. Russia (II), (2021). ECHR. § 134.
- Jomarjidze, N., Oniani, T., Tabatadze, G., (2021). An overview of the European Court of Human Rights' judgment of 21 January 2021 and the frequently asked questions in the case of Georgia v. Russia (II). Georgian Young Lawyers Association. https://bit.ly/3ybgJI8 [Last seen: June 10, 2022]
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