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Wiesener, Cornelius (2009) The recent war in the South Caucasus and extra-territorial jurisdiction under the ECHR. EHRAC bulletin (11). pp. 1-2.
Last year’s armed conflict in the South Caucasus has led to allegations of large-scale human rights violations by both sides. Soon after the cessation of hostilities, Georgia filed an interstate complaint with the ECtHR against the Russian Federation. On the other hand, more than 3,300 applications have been lodged by South Ossetians against Georgia; and it is likely that in the near future even more individuals (Georgians as well as Ossetians) will bring cases against Russia or Georgia.
These applications raise the issue of extra-territorial jurisdiction and will certainly be challenged on this ground by the respondent states. This article, therefore, endeavours to give some insight into this complex legal issue and will outline the relevant ECHR jurisprudence for the upcoming cases.
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