On inter-state litigation and armed conflict cases in Strasbourg

Article


Leach, P. 2021. On inter-state litigation and armed conflict cases in Strasbourg. European Convention on Human Rights Law Review. 2 (1), pp. 27-74. https://doi.org/10.1163/26663236-bja10014
TypeArticle
TitleOn inter-state litigation and armed conflict cases in Strasbourg
AuthorsLeach, P.
Abstract

The reluctance of Council of Europe member states to challenge each other at the bar of Europe, through the litigation of inter-state cases at the European Court, used to be a regular feature of the Strasbourg system. However, conflicts of different kinds in eastern Europe have led to a surge of such cases in recent years, as well as the introduction of thousands of related individual applications. The serious challenges presented, in particular by conflict-related cases, have led some commentators to question whether they can feasibly remain part of the Strasbourg process. For others, the focus should rather be on how such cases can be more effectively processed and assessed. This article emphasises the significance of both inter-state cases in general, and of cases arising from armed conflict (including individual applications): their political and legal importance; their centrality to the European human rights system; and how vital they are for individual victims of human rights violations. It analyses a number of controversial or challenging aspects of the adjudication of these cases, and puts forward some proposals for reform.

LanguageEnglish
PublisherBrill | Nijhoff
JournalEuropean Convention on Human Rights Law Review
ISSN2666-3228
Electronic2666-3236
Publication dates
Online15 Mar 2021
Print31 May 2021
Publication process dates
Deposited06 Apr 2021
Accepted17 Dec 2020
Output statusPublished
Accepted author manuscript
Copyright Statement

This author's accepted manuscript version is made available in this repository in accordance with the publisher's (Brill) Self-Archiving-Rights Policy: https://brill.com/page/150#selfarchiving

Digital Object Identifier (DOI)https://doi.org/10.1163/26663236-bja10014
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