Superlatives are often overused - but in the case of the Grand Chamber judgment in Ukraine, The Netherlands v Russia, delivered on 9 July 2025, they are not only justified but arguably inadequate. This case stands out as one of the most consequential and complex in the history of the European Court of Human Rights. It addresses systemic human rights violations committed in the context of an ongoing international armed conflict and during a prolonged period of occupation.
On 28 February 2022, Ukraine lodged a request for interim measures against Russia before the European Court of Human Rights (ECHR). Ukraine referred to “massive human rights violations being committed by the Russian troops in the course of the military aggression against the sovereign territory of Ukraine”. Within one day of the Ukrainian request, the Strasbourg Court granted “urgent interim measures” under Rule 39 of the Rules of Court.
On 21 January 2021, the Grand Chamber of the European Court delivered its judgment in the case of Georgia v Russia (II). The Court did establish Russia’s responsibility for the consequences of one of the gravest military confrontations the continent has seen since Russia has joined the Strasbourg club. The Court is visibly not at ease with its role to adjudicate human rights violations in an armed conflict between two States. It left the five-day exchange of hostilities to the realm of humanitarian law, however, not exclusively. The white spots on the map of human rights protection in Europe the Court identifies have broad ramifications for the pending cases between Ukraine, The Netherlands and Russia as well as the cases between Armenia, Azerbaijan and Turkey.
13. September 2025
Giovanni Capoccia
12. September 2025
Anne Peters
12. September 2025
Anne Peters