Control in the context of chaos: the war in Ukraine and Russia’s jurisdiction under the ECHR

Author: Gaiane Nuridzhanian
Published: 22.11.2022
In January 2021, the Grand Chamber of the European Court of Human Rights (the Court) issued its long-awaited judgment in Georgia v Russia (II) related to the armed conflict that took place between Georgia and Russia in August 2008, and the continued Russian presence in South Ossetia and Abkhazia. A contentious aspect of the Court’s judgment concerned the finding that the events that had occurred on the territory of Georgia during the five-day active phase of hostilities did not fall within the jurisdiction of the Russian Federation within the meaning of Article 1 of the European Convention on Human Rights…