01 March 2021,   13:58
Three Grand Chamber judges disagree with the part of decision in ECHR Georgia v. Russia war case

Ganna Yudkivska, the ECHR Grand Chamber judge [Ukraine], as well as Krzysztof Wojtyczek [Poland] and Lado Chanturia [Georgia], disagree with the ruling by a majority of the Grand Chamber judges in the Georgia v. Russia war case that the active phase of hostilities (8 to 12 August 2008) had not fallen within the jurisdiction of Russia.

“Silent enim leges inter arma” [In times of war, the law falls silent] this Latin maxim, written by Marcus Tullius Cicero in the first century B.C., was confirmed by a majority of this court.

We believe that we are very far from the historical context in our time and despite the respect, we disagree with the judgment of the majority. We are shocked by these arguments. In our opinion, the role of this court lies in solving difficult tasks”, - writes the judge.

As she added the ECHR explained the decision to declare this part of the application inadmissible was adopted taking into account a large number of victims and disputed incidents, the volume of evidence presented, and the difficulty of establishing the relevant circumstances.