Irreparable Harm in the Ukraine Conflict: Protection Gaps and Interim Measures

Abstract

This chapter argues that, due to over-broadness and lack of follow-up mechanisms, the initial European Court of Human Rights request for interim measures in the armed conflict in Ukraine was ineffectual. Presenting an illustrative case study on irreparable harm caused by serious human rights violations in eastern Ukraine, it identifies practical challenges in the seeking and enforcement of interim measures. Additionally, it discusses how protection gaps identified by the various international, governmental and nongovernmental actors in the region were (and were not) dealt with by authorities, contrasting the interim measures regarding eastern Ukraine with those regarding Crimea. Finally, it identifies lessons learned and opportunities for further engagement by practitioners to help prevent irreparable harm in the context of systematic human rights violations. The effective utilization of interim measures requires that they be tailored and targeted to address specific human rights abuses, including with any follow-up mechanisms that can be supported through political discourse. The response to the urgent human rights situation in Crimea suggests that human rights practitioners should engage with social movements, as well as with high-level and multilateral political advocacy to help ensure that the social and political advocacy, and the interim measures ordered are mutually reinforcing.