CEU Electronic Theses and Dissertations, 2022
| Author | Tsiklauri, Salome |
|---|---|
| Title | "Active Phase of Hostilities" - a Vacuum under the European Convention on Human Rights |
| Summary | In August 2008, an active five-day military confrontation between Georgia and the Russian Federation severely affected thousands of individuals. Georgia lodged an inter-state application to the European Court of Human Rights alleging that during and after the war, the Russian Federation had violated several rights enshrined in the European Convention on Human Rights. On January 21, 2021, the European Court of Human Rights declared that the subsequent developments that had taken place after the active phase of hostilities fell within the jurisdiction of the Russian Federation; however, as for the war period itself, Russia’s jurisdiction was excluded. The Court’s new approach is problematic because it is inconsistent with its previous case-law. Therefore, as the judgment is still novel, it is vital to critically assess the reasons of the majority of the Court concerning the case of Georgia v. Russia (II) to understand the broader impact the judgment will have on future inter-state and individual applications. |
| Supervisor | Polgari Eszter |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2022/tsiklauri_salome.pdf |
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