“All in their power”: a gloss to the European Court of Human Rights’ judgement in the case of Tsezar and Others v. Ukraine

Kateryna Krakhmalova

doi:10.25167/osap.3437

Published: 2021-02-23

Vol. 18 No. 4 (2020)

“All in their power”: a gloss to the European Court of Human Rights’ judgement in the case of Tsezar and Others v. Ukraine

Kateryna Krakhmalova

The Opole Studies in Administration and Law

Section: Articles

https://doi.org/10.25167/osap.3437

Abstract

This gloss summarizes and analyzes one of the recent key judgments of the European Court of Human Rights’ (ECtHR) in the case concerning Ukraine, while considering the context of hybrid warfare and the special place case-law of the ECtHR has in the Ukrainian legal system. The judgement addresses both: the right to access to the courts and the issue of suspended social payments due to hostilities, the extent of obligations of the state defending itself against aggression towards its nationals and the delicate balance between security, human rights and humanitarian considerations; and as such has much deeper relevance and applicability than to Ukraine alone.

Keywords:

European Court of Human Rights, hybrid warfare, Ukraine, access to court, suspension of social payments, internal displacement, security and human rights, extent of obligations of the state defending itself against aggression, margin of appreciation

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Krakhmalova, K. (2021). “All in their power”: a gloss to the European Court of Human Rights’ judgement in the case of Tsezar and Others v. Ukraine. The Opole Studies in Administration and Law, 18(4), 139–149. https://doi.org/10.25167/osap.3437

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