Consideration of cases against the Russian Federation in the ECtHR: a new round of development

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The ECHR combined the cases “Ukraine and the Netherlands v. Russia”, in which the court had already recognized Russia's occupation of eastern Ukraine since 2014, and “Ukraine v. Russia (X)” regarding a full-scale invasion of one production.

Now the so-called “big deal in Donbass” has become even bigger.

Consolidation of cases clearly has several advantages at once:

>On January 25, 2023, the ECtHR recognized the so-called Donbass case admissible and proceeded to its consideration on the merits. After the merger of these cases, the ECtHR will proceed to the stage of consideration on the merits of the case “Ukraine v. Russia (X)”. and Ukraine has already “saved” at least a year or two (actually much more) in her ECtHR study.

2. Process optimization.
Consolidation will provide a more efficient examination, since some aspects of the two cases are similar and complementary. Murders, kidnappings, torture, attacks on private and family life, seizure/destruction of property, discrimination based on language, religion, views – all this is part of Russia's official policy since 2014, which was continued in the territories of Ukraine captured by the Russian Federation after February 24, 2022.

3. Studying the ECtHR case in a more global context.
The Russian invasion of Ukraine in February 2022 does not exist separately from the general context and is not “in a vacuum”; by itself. The active phase of Russian aggression against Ukraine began in 2014. That is, all this falls into the general “picture”; and the paradigm of Russia's aggressive plans regarding our state, and the ECtHR will study this comprehensively.

4. The effectiveness of the solution.
Combining the two cases will help provide a more complete solution as one case will address various aspects of human rights violations committed by Russia in Ukraine that have been ongoing since 2014, some of which are evolving in nature.

5. Increasing the weight of the cause.
Bringing the cause together can provide Ukraine with more support and a platform to advance its cause before the global community. Here I will only remind you that in the case of Donbass, together with Ukraine, the Kingdom of the Netherlands is the co-applicants, and in the case of a full-scale invasion, 26 states declared their desire to join as third parties.

6. Strengthening international law.
The big decision of the ECtHR can have an important contribution to strengthening international law and order, since the case deals not with individual violations of human rights, but with Russia's undermining the principles of peaceful coexistence and ensuring human rights as such.

The decision of the ECtHR is also a serious basis for strengthening the position of Ukraine in holding Russia accountable in the context of bringing the “logical chain” intentionality and purposefulness of the aggressor's actions.

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