The Russo-Ukrainian war, particularly since 2014 and following its escalation in 2022, has resulted in widespread and well-documented allegations of serious violations of international humanitarian law, especially targeting civilians and civilian infrastructure. Although the Geneva Conventions and their Additional Protocols provide a comprehensive framework for civilian protection during armed conflict, achieving legal accountability in contemporary warfare remains highly challenging, especially when one party is a powerful state and does not want to cooperate. This thesis analyses the relationship between international humanitarian law and the European Convention on Human Rights within the context of the Russo-Ukrainian war, focusing on the European Court of Human Rights' role in addressing violations affecting civilians. It argues that, unlike earlier case law marked by judicial restraint, the Court has progressively adopted a functional and integrative approach. This approach enables Convention rights to remain applicable during armed conflict, complementing rather than displacing international humanitarian law. Through analysis of key inter-State and individual cases involving Ukraine, this thesis shows that the European Court of Human Rights is currently the most effective international judicial mechanism for establishing legal responsibility and providing remedies for harm to civilians. This effectiveness endures despite ongoing challenges with jurisdiction, evidentiary standards, enforcement and Russia’s withdrawal from the Convention system.
The Russo-Ukrainian war, particularly since 2014 and following its escalation in 2022, has resulted in widespread and well-documented allegations of serious violations of international humanitarian law, especially targeting civilians and civilian infrastructure. Although the Geneva Conventions and their Additional Protocols provide a comprehensive framework for civilian protection during armed conflict, achieving legal accountability in contemporary warfare remains highly challenging, especially when one party is a powerful state and does not want to cooperate. This thesis analyses the relationship between international humanitarian law and the European Convention on Human Rights within the context of the Russo-Ukrainian war, focusing on the European Court of Human Rights' role in addressing violations affecting civilians. It argues that, unlike earlier case law marked by judicial restraint, the Court has progressively adopted a functional and integrative approach. This approach enables Convention rights to remain applicable during armed conflict, complementing rather than displacing international humanitarian law. Through analysis of key inter-State and individual cases involving Ukraine, this thesis shows that the European Court of Human Rights is currently the most effective international judicial mechanism for establishing legal responsibility and providing remedies for harm to civilians. This effectiveness endures despite ongoing challenges with jurisdiction, evidentiary standards, enforcement and Russia’s withdrawal from the Convention system.
Violations of International Humanitarian Law in the Russo-Ukrainian War: Protection of civilians under the Geneva Conventions and the Role of the European Court of Human Rights
RIABKO, ANNA
2025/2026
Abstract
The Russo-Ukrainian war, particularly since 2014 and following its escalation in 2022, has resulted in widespread and well-documented allegations of serious violations of international humanitarian law, especially targeting civilians and civilian infrastructure. Although the Geneva Conventions and their Additional Protocols provide a comprehensive framework for civilian protection during armed conflict, achieving legal accountability in contemporary warfare remains highly challenging, especially when one party is a powerful state and does not want to cooperate. This thesis analyses the relationship between international humanitarian law and the European Convention on Human Rights within the context of the Russo-Ukrainian war, focusing on the European Court of Human Rights' role in addressing violations affecting civilians. It argues that, unlike earlier case law marked by judicial restraint, the Court has progressively adopted a functional and integrative approach. This approach enables Convention rights to remain applicable during armed conflict, complementing rather than displacing international humanitarian law. Through analysis of key inter-State and individual cases involving Ukraine, this thesis shows that the European Court of Human Rights is currently the most effective international judicial mechanism for establishing legal responsibility and providing remedies for harm to civilians. This effectiveness endures despite ongoing challenges with jurisdiction, evidentiary standards, enforcement and Russia’s withdrawal from the Convention system.| File | Dimensione | Formato | |
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https://hdl.handle.net/20.500.12608/104835