The article argues that the exclusion of the Russian Federation from the Council of Europe created a legal situation which enabled the European Court of Human Rights to develop new ways of proceeding when a State de facto refuses to participate in the proceedings and opened for the Court a possibility to interpret the provisions of the European Convention on Human Rights in such a way as to ensure that victims of the Russia’s aggression against Ukraine are afforded the broadest possible protection not only under international humanitarian law, but also under the ECHR.
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Aleksandra Mężykowska (2024) studied this question.
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