International Criminal Law

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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. Some of the issues that they discussed a year ago in Episode 14 remain relevant, but other issues have come into sharper focus. The speakers first discuss the ICC arrest warrant issued on 17 March 2023 for President Putin and the children’s rights commissioner, Maria Lvova-Belova. They reflect on the significance of this legal step, its timing, the occupied territory question, and the immunity issues that will arise given Putin’s status as head of state of a non-party State to the ICC Statute. Oona reflects on the changing position of the United States, and different views that co-exist within the Government with respect to the ICC.

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The ICC Arrest Warrants against Vladimir Putin and Maria Lvova-Belova – An Outline of Issues

March 21, 2023

On 17 March 2023, Pre-Trial Chamber II of the International Criminal Court (“ICC” or “the Court”) issued arrest warrants for Vladimir Putin and Maria Lvova-Belova. Putin is the President of the Russian Federation. Lvova-Belova is the Commissioner for Children’s Rights in the Office of the President. The crimes alleged concern deportation and transfer of children…

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The International Criminal Court goes all-in: What now?

March 20, 2023

The bombshell announcement on 17 March 2023 of ICC arrest warrants against Russian President Putin and his Children’s Rights Ombudswoman Lvova-Belova put an end to one-year long speculations about the first cases to be brought before the ICC in relation to Ukraine. Pre-Trial Chamber II (PTC II) found reasonable grounds to believe they committed war…

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A litmus test for international justice: If not for the Yazidis, then for whom?

March 17, 2023

Yazidi tradition recounts that, before the Daesh attack in 2014, the Yazidis had suffered seventy-two large-scale persecutions in their history. To a large extent, in the past, they faced these attacks alone, with little hope of external support. But given that the 2014 genocide took place in the age of international justice – the age of the…

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New universal jurisdiction case filed in Germany for crimes committed in Myanmar before and after the coup: On complementarity, effectiveness, and new hopes for old crimes

March 7, 2023

A few days before the second anniversary of the ‘failed coup’ in Myanmar, a case was filed in Germany against senior Myanmar military generals and ‘other actors’ identified in the complaint for genocide, war crimes, and crimes against humanity. It was filed under universal jurisdiction enshrined in the German Code of Crimes against International Law (Völkerstrafgesetzbuch…

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