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This paper is tasked to criticize, evaluate, assess and interpret the case application of Bankovi and Others v. Belgium and 16 Other Contracting States. The action was filed in October, 1999. On November, 14, 2000, it was forwarded by the Chamber of the First Section of the European Court of Human Rights to the Grand Chamber of the Court…
With all the foregoing backdrops, this essay will proceed to the questions of who are the people covered by the Convention and what cases does it cover. It will finally likewise be queried as to when the Convention applies. In short, there is a need to know what circumstances are embraced under the operation of the Convention. In the legal sense, the inquiry has to be directed into the jurisdiction of the Court which the Convention had created. Stated in another way, it has to be determined when, where and over whom does the Court exercise its judicial powers under the Convention in conjunction with the rules and principles of international law. Article 1 of the Convention is very specific. It provides that the signatories to the treaty are under obligation to secure to all the people within their jurisdiction the rights and freedoms enumerated in Section 1 of the Convention. Were the applicants covered as persons within the jurisdiction of the High Contracting Parties when the bombardment of the radio-television network was carried out? The answer is definitely in the negative. They were not. During the time of the bombing of the Radio-Television Serbia headquarters, Banković and his co-applicants and their deceased relatives, Serbia was not a member of the Convention and, therefore, they were not within the reach of jurisdiction of the Court. The bombing party, NATO, was also found by the Court as not having Serbia within its (NATO’s) effective control or that of its members. ...
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