International legal mechanisms for the protection of human rights and freedoms in times of war: the practice of the ECHR

Abstract

The issue of human and civil rights and freedoms is an integral part of the problems of the real human situation in society and the State. Never before have the issues of human and civil rights and freedoms been raised as acutely as they are today in connection with Russia's full-scale invasion of Ukraine. The international community is on the side of Ukraine, the inviolability of its territorial integrity, and most importantly, in defense of human rights as the highest social value in the country.
 Also, after the armed aggression of Russia and its full-scale invasion of Ukraine, ensuring international security has become a major issue of the day. As an independent, legal and social state, Ukraine is particularly interested in protecting human rights and freedoms. Currently, there are many international bodies that monitor the observance of human rights and freedoms and protect these rights, including courts and tribunals. They are divided into universal, i.e. those that operate at the UN level, and regional (European, American, African, Asian and others). For a detailed study of this issue, the author has researched and analyzed international standards of human and civil rights and freedoms, in particular, the case law of the ECHR in favor of Ukraine in the human rights protection system from 2014 to the present.
 As of February 21, 2023, the following interstate cases were pending before the ECtHR: the «Crimean case» related to the annexation of Crimea by Russia; the case of human rights violations in the occupied territories of Donbas, which includes the complaint about the downing of Malaysian flight MH-17 filed by Ukraine and the Netherlands; the case of violations of the rights of Ukrainian political prisoners; the case of the seizure of Ukrainian sailors and vessels in the Kerch Strait in 2018. the case of crimes committed by the Russian military during the full-scale invasion of Ukraine.
 However, it is worth noting that on September 16, 2022, Russia finally withdrew from the European Convention for the Protection of Human Rights and Fundamental Freedoms. This was the result of Russia's expulsion from the Council of Europe. The European Court of Human Rights has finally lost jurisdiction over Russia, and the consideration of thousands of complaints against it has been called into question, including those filed by Ukraine.