ECtHR Expansion of Interim Measures Regarding Russian Military Action in Ukraine
8 August 2022
andras_csuri_1fc5ccbce0.jpg Dr. András Csúri

On 1 April 2022, the ECtHR expanded previous interim measures in relation to Russia’s military action in Ukraine. After having indicated a number of interim measures to the Government of the Russian Federation in relation to the military action which commenced on 24 February 2022 in various parts of Ukraine on 1 and 4 March 2022 (→ eucrim 1/2022 p. 37-38), the ECtHR decided on further requests brought forward by Ukraine on 16 March 2022.

The ECtHR reiterated its interim measure of 1 March 2022, which thus remained in force, as this interim measure must be understood to cover any and all attacks against civilians, including with the use of any form of prohibited weapons, measures targeting particular civilians due to their status, as well as the destruction of civilian objects under the control of Russia forces.

The Court also recalled the interim measure already indicated on 4 March 2022 to the Government of the Russian Federation that, in accordance with their engagements under the ECHR, notably in respect of Articles 2, 3 and 8, they should ensure unimpeded access of the civilian population to safe evacuation routes, healthcare, food and other essential supplies, rapid and unconstrained passage of humanitarian aid and movement of humanitarian workers.

Regarding the new request, the ECtHR indicated to the Government of the Russian Federation, under Rule 39 of the Rules of Court, that the said evacuation routes should allow civilians to seek refuge in safer regions of Ukraine.

Lastly, the ECtHR has decided to give immediate notice of the new interim measure to the Committee of Ministers of the CoE in accordance with Rule 39 § 2 of the Rules of Court.

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Dr. András Csúri

Vienna University of Economics and Business