Georgia v. Russia (No 2)

Abstract

Human rights — Treaties — Scope of application — European Convention on Human Rights, 1950 — Article 1 — Application during international armed conflict — Application to State in respect of events outside territory of that State

International tribunals — European Court of Human Rights — Jurisdiction — Human rights — Extraterritorial jurisdiction — European Convention on Human Rights, 1950 — Article 1 — International armed conflict — Active hostilities — Occupation — Legal space — Effective control over an area — State agent authority and control over individuals

Human rights — European Convention on Human Rights, 1950 — Article 2 — Right to life — Procedural aspect of Article 2 — Article 3 — Torture and inhuman treatment — Prisoners of war — Detained civilians — Article 5 — Arbitrary detention — Detention of civilians during international armed conflict — Article 8 — Articles 1 and 2 of Protocol No 1 — Protection of property — Right to education — Article 2 of Protocol No 4 — Freedom of movement — Right to displaced civilians to return home — Whether administrative practice in violation of Convention — Relationship between human rights law and international humanitarian law

Territory — Occupation — International armed conflict — Human rights — European Convention on Human Rights, 1950 — Article 1 — Effective control over territory — State obligations under Convention while occupying territory of another contracting State

Claims — Exhaustion of local remedies — Application in human rights cases — European Convention on Human Rights, 1950 — Article 35 — Whether requirement to exhaust domestic remedies in cases of administrative practice in violation of Convention

War and armed conflict — Applicable law — Relationship between international humanitarian law and human rights law — European Convention on Human Rights, 1950 — Occupied territory — Prisoners of war — Civilian population of occupied territory