International Criminal Law

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Territorial Jurisdiction of the International Criminal Court over the Russian Leadership: Locus Delicti in Complicity Cases

Note by the editors: this is a contribution from an author in Russia, whose identity, affiliation and qualifications are known to the editors. In line with our policy and in light of the grave and ongoing threats to academic freedom and freedom of expression in Russia, the author has requested to remain anonymous. The editors considered the request to be fully justified under the circumstances, and express their solidarity with all Russian colleagues who are unable to express their views freely or who have for that reason felt compelled to leave their country. A month has passed since the beginning of invasion of Ukraine on 24 February 2022. Numerous incidents such as the use of cluster munitions in populated areas or the Mariupol theatre bombing give rise to allegations of war crimes. Pursuant to article 12 of the Rome Statute, the International Criminal Court has jurisdiction over the crimes committed in the territory of a state that has become a party to the Statute or filed…

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The War of Aggression Against Ukraine, Cultural Property and Genocide: Why it is Imperative to Take a Close Look at Cultural Property

For too long, a great deal of energy has been invested in trying to decipher obscure statements made by Vladimir Putin (a true “masterclass of disinformation”: Åslund 2021; cf. Kappeler 2021). Now that Putin has started a war of aggression against Ukraine, it is high time that we take his denials of Ukrainian statehood and…

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ICJ Indicates Provisional Measures Against Russia, in a Near Total Win for Ukraine; Russia Expelled from the Council of Europe

This afternoon the International Court of Justice, by 13 votes to 2, issued its order on provisional measures in the case brought by Ukraine against Russia under the Genocide Convention. The Court essentially accepted all of the arguments made by Ukraine for the purposes of the provisional measures stage of the proceeding, and rejected those…

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Russia’s Non-Appearance Before the ICJ Against Ukraine: Of Not So Vanishing Vanishing Acts and their Vanishingly Thin Justification

On 9th March 2022, Russia announced through it Foreign Ministry that “in light of the apparent absurdity of the lawsuit” launched against it by Ukraine before the ICJ, it would not “attend the hearing” on provisional measures. One can certainly have reservations about the Ukrainian strategy of invoking the Genocide Convention even if one is…

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Russia’s Submission to the ICJ in the Genocide Case; Russia’s Withdrawal from the Council of Europe

A quick update on two important developments. First, the ICJ has put up on its website a submission it received from the Russian Federation in the Ukraine v. Russia genocide case, in which the Court’s provisional measures decision is pending. Because Russia has declined to participate in the proceedings – at least for now –…

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