Back Overview of the ECtHR case-law related to armed conflicts for SBI investigators and operative staff

Kyiv, Ukraine 9 September 2022
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Overview of the ECtHR case-law related to armed conflicts for SBI investigators and operative staff

100 investigators and operative staff of the State Bureau of Investigation (SBI) have joined today's online seminar. Together with the Council of Europe experts they had the opportunity to discuss the standards of the European Convention on Human Rights (ECHR) and the case-law of the European Court of Human Rights (ECtHR) based on cases related to armed conflicts where the Russian Federation was the driving force. The event agenda covered the following topics.

  • Responsibility:

• Jurisdiction of states under the ECHR;

• The concept of “effective control” in the ECtHR case-law;

• Extending the state's jurisdiction to the active phase of hostilities;


  • Planning and preparation of military operations:

• Planning and preparation of military operations

• Control of military operations

• Proportionality of measures

• Use of lethal force

• Protection of civilians

• Negligence in the choice of measures taken


  • Obligation to investigate the ECHR violations during armed conflict:

• Rights guaranteed by the ECHR, which could potentially be restricted during an armed conflict and require investigation, in particular:

- disappearance;

- torture;

- causing death;

- forced labor;

- property destruction;

• Requirements of the ECtHR as to effective investigation during armed conflict:

- urgency and reasonable time;

- thoroughness;

- openness;

- impartiality and independence.

Participants were able to actualize the knowledge received through their practical experience of nowadays based on ECtHR cases with regard to the unrecognized Transnistrian Moldavian Republic, Georgia, the Chechen Republic, the Autonomous Republic of Crimea and others.

The seminar took place within the framework of the Council of Europe project “Supporting Institutions to Combat Ill-Treatment in Ukraine, Phase II”, the beneficiary of which is the SBI.