inter-state dispute. Flashcards
What is an inter-state dispute?
A disagreement between countries or international organizations about law or facts.
q: How are international disputes usually settled?
a: Through peaceful methods like negotiation, diplomacy, or mediation.
q: What happens if peaceful settlement doesn%E2%80%99t work?
a: The dispute may go to an international court like the International Court of Justice (ICJ).
q: What does judicialisation mean in international relations?
a: It means more conflicts are being resolved by international courts instead of political bodies.
q: Why are more cases being brought to international courts?
a: Because the UN Security Council often fails to act in conflict situations.
q: What is the European Court of Human Rights (ECHR)?
a: A court that handles human rights cases in Europe.
q: What does the International Court of Justice (ICJ) deal with?
a: Serious issues like genocide, torture, and international law violations.
q: When was the Council of Europe established?
a: In 1949.
q: What does the Council of Europe focus on?
a: Human rights, democracy, and rule of law.
q: When was the European Convention on Human Rights signed?
in 1950
q: What rights does the European Convention on Human Rights protect?
Rights like the right to life,
freedom of expression, protection from torture.
right to marry.
freedom of expression.
right to fair trial.
prohibition of slavery and forced labour.
q: What is an inter-state case in the ECtHR?
It’s a case where one country brings another country before the European Court of Human Rights (ECtHR) for violating human rights.
q: How many inter-state cases have been brought before the ECtHR?
a: Less than 30 inter-state cases, compared to 25,000 individual cases.
Why are inter-state cases important?
They often involve serious issues affecting many people, like conflict situations.
The Greek Case (1969)
1967: A military coup in Greece brought Colonel George Papadopoulos and his regime to power. For the next 7 years, Greece was under military rule, and the country saw widespread torture by security forces.
The torture methods included beating, electrocution, hair-pulling, and even burning.
The Netherlands, Sweden, and Denmark filed complaints against Greece, arguing that the country was violating the ECHR, especially Article 3, which bans inhuman or degrading treatment.
In 1970, the European Court of Human Rights (ECHR) found that Greece had violated the Convention. As a result, Greece denounced the ECHR, refusing to accept its judgment and leaving the court.
1974: After the military regime collapsed and democracy was restored, Greece rejoined the ECHR.
Ireland v UK (1978)
In 1971, during The Troubles in Northern Ireland, the UK government arrested many people as part of Operation Demetrius.
14 men were taken to a special interrogation center, where they were ill-treated by security forces.
The five techniques used on these men were:
Stress positions (forcing them to stand in uncomfortable positions),
Hoods over their heads (making them known as the “hooded men”),
Loud noise (making them listen to disturbing sounds),
Deprivation of sleep, and
Deprivation of food and drink.
According to Article 3 of the European Convention on Human Rights (ECHR), torture and inhuman or degrading treatment are banned.
The European Court of Human
Rights ruled that these techniques amounted to inhuman treatment (but not torture) because the suffering wasn’t severe enough to be classified as torture.
This decision was widely criticized, as many felt that the ruling was too narrow and allowed ill-treatment
Georgia v Russia (2021)
What happened?: During the 2008 war over South Ossetia and Abkhazia, Georgia filed a case against Russia.
Outcome: The court split the period into “active hostilities” and post-conflict events. It ruled Russia didn’t have jurisdiction during the active fighting, highlighting a divide between human rights law and the laws of war.
Armenia v Azerbaijan (2020-2022)
What happened?: After years of conflict over Nagorno-Karabakh, Armenia filed cases against Azerbaijan.
Outcome: There were interim measures by the ECtHR, but little follow-up. By 2023, Azerbaijan regained control of Nagorno-Karabakh, forcing 100,000 people into exile.
