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Episode description:

Russia’s illegal military invasion of Ukraine has already cost countless lives, and forced millions of innocent people to flee their homes and the country, creating a massive humanitarian crisis both within and outside Ukraine. Many other civilians are unable to flee, being besieged by constant Russian shelling and threat, leaving them trapped in cities without access to the most basic necessities such as medicines and medical treatment, food, water and electricity. As the war goes on, the tragic toll on Ukraine and its people continues to grow. Through the legal claim it will bring before the European Court of Human Rights (ECtHR), Ukraine will seek to hold Russia to account for its grave and flagrant violations of the fundamental human rights protections provided by the European Convention (the Convention) resulting from this illegal war.  

Quinn Emanuel Urquhart & Sullivan will represent Ukraine in this most important case, and in this episode of Law, disrupted, John Quinn joins Alex Gerbi, a partner at Quinn Emanuel’s London office, to unpack the different aspects of this claim.

The episode begins by highlighting the firm’s long-standing relationship with Ukraine, and how the illegal invasion and purported annexation of Crimea by Russia in early 2014 created a number of legal claims, including one for a state-owned bank Oschadbank, now a Quinn Emanuel client of many years. Alex shares how this significant case led the firm to grow its relationships in Ukraine, taking on other important cases along the way and ultimately leading to the firm’s instruction on this case before the ECtHR.

John and Alex then shift to the current claim to be brought by Ukraine against Russia before the ECtHR as a result of Russia’s invasion of the country and the ongoing war. Together, they discuss the legal implications of Russia’s breaches of human rights in the context of the Convention, and other issues relating to the conduct of the case before this European Court. With Russia having first renounced the Convention and then been expelled from the Council of Europe, how might the landscape of this claim be impacted? They discuss the nature of the Court, the make-up of the Judges, as well as the nature and timing of the proceedings. Finally, they discuss what relief Ukraine might look to obtain from the ECtHR and address the question — will that make a difference in the face of Russia’s continued acts of aggression?


Created & produced by: Podcast Partners
Published: Apr 28 2022

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