The Application of European Human Rights Protection Mechanisms during the Russian-Ukrainian War

Abstract

This article examines the functioning of European human rights protection mechanisms during armed conflicts. The authors present scholarly assessments of the activities of the European Court of Human Rights (ECHR), bodies of the Council of Europe, and other European international institutions responsible for upholding human rights standards, including in the conditions of wartime. At the same time, researchers identify obstacles to the implementation of European human rights protection mechanisms during armed conflict—such as the non-implementation of ECHR rulings by some states, the legal limitations of the Court’s jurisdiction within the territories of member states of the Council of Europe, and insufficient funding for the activities of European institutions.
The authors outline the main interstate claims brought by Ukraine against Russia at the ECHR related to Russia’s military aggression. The publication also highlights the establishment and initiation of the joint project of the Council of Europe and Ukraine—the «Register of Damages Caused by the Russian Federation’s Aggression Against Ukraine» (the Register). The researchers evaluate in detail the statutory documents of the Register and the mechanisms of its establishment, management, functioning, and succession. It is important to note that the mechanism for compensating the victims of the Russian-Ukrainian war has not yet been fully developed.
Moreover, the authors explore the process of establishing a special tribunal for the crime of aggression against Ukraine, the statutory documents of which are being drafted by a group of states, with its launch scheduled for 2025 based on a bilateral agreement between Ukraine and the Council of Europe. In the future, ensuring Russia’s accountability for crimes committed in Ukraine would involve the following European institutional components: the Special Tribunal for the Crime of Aggression, the Register of Damages from Russian Aggression against Ukraine, and the European Court of Human Rights. However, the full functioning of the ECHR, the Register, and the Special Tribunal may be hindered by changes in political circumstances, leading to the potential refusal of key geopolitical players to demand Russia’s accountability for the crimes committed.