Crimes Against Humanity

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Crimean Tatars: Eight Years of Anything but Marginal Resistance

On 3 March 2022, Professor Alain Pellet published a reflection on Russia’s invasion of Ukraine, drawing parallels to the 2014 occupation of Crimea. With the eighth anniversary of the Crimean ‘referendum’ approaching, this post will respond to Prof. Pellet’s thoughts on the Crimean Tatars and their ‘marginal’, according to Prof. Pellet, reaction to Russia’s activities in Crimea since 2014. This post will also address the ensuing human rights violations and crimes that were committed against the Crimean Tatars in 2014 and beyond, which formed a campaign of persecution and racial discrimination persisting to date.

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Aggression against Ukraine: Avenues for Accountability for Core Crimes

The unprovoked attack by Russia against Ukraine should be qualified as a crime against peace, or the crime of aggression, as defined in Article 6(a) of the IMT Charter and in Article 8bis of the ICC Statute. There are also allegations of war crimes as the Russian armed forces have targeted…

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UN Security Council Referrals to the ICC and the Principle of Legality

Introduction On 1 November 2021, the Appeals Chamber (AC) of the International Criminal Court (ICC) rendered an interesting judgment relating to a jurisdictional challenge brought by the Defence in the case of Ali Muhammad Ali Abd-Al-Rhaman (“Ali Kushayb”). The challenge is noteworthy because it confronted the Court with novel issues of law relating to the…

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The Weakest Link of the Troika? The Immunity of Heads of Government in Customary International Law

There have been a flurry of cases in the English courts concerning foreign leaders in recent months. Permission has been granted to serve the President of Mozambique in a case involving claims challenging state guarantees of the financing for projects in Mozambique. The Fifth President of Ukraine (2014-2019) Petro Poroshenko has been found to be immune…

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Human Rights Watch Responds: Reflections on Apartheid and Persecution in International Law

We appreciate the rich discussion triggered by this week’s EJIL Talk! symposium, which has addressed a number of legal issues arising from our report “A Threshold Crossed: Israeli Authorities and the Crimes of Apartheid and Persecution.” The report has received significant media attention and sparked many useful conversations since its release in late April. But…

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