Abstract
The aim of this paper is to define the basic aspects of the decision-making process of the European Court of Human Rights ('the ECHR') in relation to the punishment of war crimes, protection of the human rights of war criminals and compensation of victims. The ECHR does not offer its own definition of 'war crimes' in its case-law.
When examining the cases, this court actively uses the provisions of international agreements such as the Convention Respecting the Laws and Customs of War on Land, the Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis, the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, the Rome Statute of the International Criminal Court and others. It can be concluded that the ECHR' practice corresponds to the spirit of international law.