L’applicazione della CEDU nel contesto del conflitto russo-ucraino

Following the aggression of Ukraine and the expulsion of Russia from the Council of Europe, the application of the European Convention on Human Rights to conduct of Russia in Ukraine is problematic. The reason is twofold, being only partially related to the automatic expulsion of Russia from the Convention. It also depends on the interpretation of the notion of jurisdiction (Article 1) in situations concerning armed conflicts. This contribution aims to analyze both these aspects. First, it looks at the modalities and effects of the expulsion of Russia to identify the temporal frame until which the Convention applies to Russian military operations currently carried out in Ukraine. Second, within such a temporal scope, the study explores to what extent these actions could fall within the extraterritorial jurisdiction of Russia under Article 1 of the Convention. To this end, taking into account the different contexts emerging in Crimea and East/South Ukraine, the impact of the principles established in 2021 in Georgia v. Russia (II) and the relations between the Convention and international humanitarian law will be investigated. The study concludes that, given these developments, the Convention risks losing relevance with respect to the current conflict between Russia and Ukraine.