Human Rights Survival Guide podcast

Georgia v. Russia: Does the ECHR protect in times of war?

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In this episode we reflect on legal aspects of the European Court judgment in the case of Georgia v. Russia II. Our distinguished guests are Philip Leach, a Professor of Human Rights Law at Middlesex University, a solicitor, and Director of the European Human Rights Advocacy Centre (EHRAC); and Vanessa Kogan, a Director of Stichting Justice Initiative - an organisation dedicated to the legal protection of victims of human rights violations connected to armed conflict and counter-terrorism operations, torture and gender-based violence in the post-Soviet region.

The judgment in the cases of Georgia v Russia (II) that has steered controversy, has been delivered by the European Court on 21 January of this year. It concerns human rights violations committed in 2008 in the context of an armed conflict between Georgia and Russia, which resulted in at least 400 civilian deaths, large scale destruction of civilian property and displacement of over 20.000 ethnic Georgians from South Ossetia. Systemic human rights violations continued long after the cessation of hostilities.

The most controversial aspect of it concerns the Court's refusal to extend Convention protection to events that occurred during the active phase of hostilities, from 8 to 12 August.

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