Bridging the Lacuna: Enhancing Victim Protection through the Extra-Territorial Applicability of the European Convention during the Active Phase of Hostilities

Abstract: This thesis argues that the European Convention on Human Rights should apply extra-territorially during the active phase of hostilities to protect victims of the armed conflict. In this regard, three main issues are discussed separately. Firstly, the applicability of the Convention in the hostilities and norm conflict with International Humanitarian Law. Secondly, the issue of extraterritoriality. Thirdly, the issue of practical applicability and difficulties for the Court to deal with international armed conflicts. The thesis argues that the European Court failed in the interpretation of the Convention with respect to the allegations regarding the conduct of hostilities. It reviews the jurisprudence of the ECtHR. Since Georgia v. Russia (II) was a precedent-setting judgment, which is the first case regarding full-scale armed conflict, the main findings of the thesis are based on the judgment and its implications for Ukraine. The thesis presents examples, which indicate that the Court could and should have stated extra-territorial jurisdiction of the Russian Federation during the active phase of the armed conflict between Georgia and Russia, which would make the Convention applicable during the conduct of hostilities. Finally, the thesis demonstrates the necessity of overruling the approach, that confines the Convention in the extra-territorial applicability.