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    The ECtHR Grand Chamber judgment in Kononov v Latvia (17 May 2010): is the Russian Federation correct in its understanding of the relationship between politics and international law?

    Bowring, Bill (2012) The ECtHR Grand Chamber judgment in Kononov v Latvia (17 May 2010): is the Russian Federation correct in its understanding of the relationship between politics and international law? International Justice 2 (3), ISSN 2226—2059.

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    Abstract

    The Strasbourg Court Grand Chamber's 2010 judgment in Kononov v. Latvia opens highly controversial political issues concerning World War II and the actions of Red Army partisans. Following an investigation of the facts in the case, this article turns to the predictably furious Russian reaction; but next asks whether perhaps Russia have good reason for its unhappiness. The case raises difficult legal issues: the limits of retrospective criminal legislation, and the date at which responsibility for war crimes crystallised. Finally, the question is raised whether the Strasbourg Court is having increasing difficulty in dealing with complex questions of international law and politics, rather than more straightforward interpretation of the Convention.

    Metadata

    Item Type: Article
    Keyword(s) / Subject(s): European Court of Human Rights, European Convention on Human Rights, war crimes, World War II, partisans, Nuremburg Tribunal, retrospective criminal legislation
    School: Birkbeck Schools and Departments > School of Law
    Depositing User: Administrator
    Date Deposited: 07 Feb 2013 10:15
    Last Modified: 17 Apr 2013 12:28
    URI: http://eprints.bbk.ac.uk/id/eprint/6124

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