Armed Conflict

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Amicus Curiae Brief in Ukraine and the Netherlands v. Russia

April 29, 2023

The European Court of Human Rights recently joined two major interstate cases pending before it – the interstate case filed by Ukraine and the Netherlands against Russia that concerned the downing of the MH17 airliner and events in Eastern Ukraine in 2014, which it declared admissible in January, with the new interstate application filed by Ukraine against Russia that concerns the full-scale invasion from February 2022 onward. The joined case will essentially require the Court to decide on whether Russia has violated the right to life in the conduct of hostilities in Ukraine, which are from Russia’s perspective largely taking place extraterritorially. At the admissibility stage of the first case the Human Rights Law Centre at the University of Nottingham filed an amicus curiae brief, co-authored by Sangeeta Shah and myself, dealing solely with the downing of the MH17. The HRLC was invited by the Grand Chamber to file a brief on the merits as well, which we have now done. It’s available on SSRN for any readers who…

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The Law of Neutrality and the Russian/Ukrainian Conflict: Looking at State Practice

April 11, 2023

One of the distinctive features of the Russian/Ukrainian conflict is the massive provision of belligerent materials (and intelligence, here and here) to Ukraine (here): around 30 States have provided lethal war materials, including the EU through its European Peace Facility; other countries have only provided non-lethal materials.

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On war, international sports and human rights standards

April 3, 2023

On 28 March 2023, the International Olympic Committee (IOC) issued new recommendations for international sports federations (IFs) and international sports event organisers and advocated for re-admitting athletes with a Russian or Belarusian passport to international competitions. In addition to the conditions already proposed by the IOC in January 2023 to admit Russian and Belarusian athletes…

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EJIL: The Podcast! Episode 19 – “From Russia With War: Part Deux”

March 24, 2023

In this episode Marko Milanovic, Dapo Akande and Philippa Webb are joined by Oona Hathaway (Gerard C. and Bernice Latrobe Smith Professor of International Law at Yale Law School) to discuss big legal issues arising from the Russian invasion of Ukraine, one year on.

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The European Court’s Admissibility Decision in Ukraine and the Netherlands v Russia: The Good, the Bad and the Ugly – Part II

January 26, 2023

In the first part of this post I talked about the (many) good things about the European Court’s admissibility decision in Ukraine and the Netherlands v Russia. In particular, the conclusion that Russia controlled the separatist areas of Eastern Ukraine from 2014 up to the oral hearing in the case in 2022 and…

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