The European Court of Human Rights has ordered Russia to stop attacks and bombings of civilian objects in Ukraine.
The ECHR ruled interim measures under Rule 39 of its Rules of Court. It allows the Court to issue an order to a State party to the European Convention on Human Rights pending consideration of a complaint of violation of the convention. The order is binding.
On 28 February 2022 Ukraine appealed to the European Court of Human Rights for interim measures. The request was registered under application number 11055/22 “Ukraine v. Russia (X)”. And on March 1 the Court pronounced the decision.
The Court stated in its decision: “With a view to preventing such violations and pursuant to Rule 39 of the Rules of Court the Court decides, in the interests of the parties and the proper conduct of the proceedings before it, to indicate to the Government of Russia to refrain from military attacks against civilians and civilian objects, including residential premises, emergency vehicles and other specially protected civilian objects such as schools and hospitals, and to ensure immediately the safety of the medical establishments, personnel and emergency vehicles within the territory under attack or siege by Russian troops.”
As stated by the adviser to the Minister of Justice, Ivan Lishchyna, who oversaw the preparation of the complaint to the ECHR, “for the first time (!) in a situation of bilateral conflict, the Court indicated interim measures to only one of the parties”.
Relevant requirements were sent to the Russian government. However, although Russia accepts the jurisdiction of the European Court of Human Rights, it selectively enforces its decisions. Therefore, it is unlikely whether it meets the requirements.
But what is important: the ECHR is following the war that Russia has waged against Ukraine. And Russia’s disregard for the Court’s decision will be a direct violation of the ECHR’s orders. Ivan Lishchyna adds that it will make it much easier to prove violations, collect compensation and bring #KharkivTribunal closer.
Glory to Ukraine! Glory to the heroes and heroines!