Russia’s exit from the Council of Europe leaves a human rights protection gap, limiting access to the European Court of Human Rights (ECtHR) for Russians.
Authors
Amit Upadhyay, Associate Professor, Jindal Global Law School, Mahatma Gandhi Centre for Peace Studies, O.P. Jindal Global University, Sonipat, Haryana, India
Abhinav Mehrotra, Associate Professor, Jindal Global Law School, Centre for the Study of United Nations, O.P. Jindal Global University, Sonipat, Haryana, India
Summary
The cessation of the Russian Federation’s membership in the Council of Europe (CoE) under Article 58 of the European Convention on Human Rights (ECHR) and Article 8 of the Statute of the CoE is an important decision in the wake of Russian aggression against Ukraine involving serious human rights violations. Consequently, Russia’s disengagement from CoE mechanisms means Russians and other victims of human rights abuses seeking justice are no longer protected by the ECHR, as of September 16, 2022, thus affecting the human rights protection framework in Europe amidst the war. This implies that Russia no longer has a judge in the European Court of Human Rights (ECtHR) under Article 20 of the ECHR. Its citizens will no longer be able to appeal against their government to the ECtHR under the individual ECHR applications mechanism, raising serious concerns about Russians’ lack of access to the ECtHR and the non-implementation of ECtHR judgments, which tests the reach and resilience of Europe’s human rights framework in protecting peace and security in the region. In this context, the authors argue that since the ECtHR no longer exercises its jurisdiction in Russia, it is necessary to analyze the Rome Statute’s role in this regard. A possible solution can be found in European Union (EU) nations undertaking national investigations through mutual partnerships against the individuals who have committed atrocities of international concern, such as crimes against humanity or war crimes, based on the principle of international jurisdiction, to reestablish international peace and security.
Published in: International Journal of Legal Information
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