The role of history in the ECHR case law

This article examines the way in which history is approached by the European Court of Human Rights, both by reference to the Court’s usage of historical documents as an aid to its interpretative role over the Convention and by reference to cases involving complainants who assert historical wrongs. The limited extent to which travaux préparatoires are relied upon by the Court is assessed together with a range of procedural and substantive barriers that must be overcome by applicants who seek to bring historical claims to the Court. The article concludes that while the Court is clearly cautious in its approach to historical claims, the impact of history on its work is undoubtedly meaningful and impressive.