International Humanitarian Law

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The Moscow Mechanism Expert Report on the Forcible Transfer and Deportation of Ukrainian Children

May 17, 2023

Before Spring 2022, only the real connoisseurs of the Organization for Security and Cooperation in Europe (OSCE) were familiar with the so-called Moscow Mechanism enabling any OSCE participating State to request the establishment of an ad hoc expert mission to investigate specific questions related to the OSCE human dimension. In the first thirty years of its existence (1991-2021), the mechanism was indeed invoked only nine times. But times have changed and since Spring 2022, there have already been five instances of such an invocation, three of them focused on the events in Ukraine. The first two reports, issued in April and July 2022, provide a general, comprehensive assessment of the violations of international humanitarian law (IHL) and international human rights law (IHRL) and of alleged war crimes and crimes against humanity, committed in Ukraine in the first four months of the conflict (see the post on EJILTalk). The third report, published on 4 May 2023, has a much narrower scope, dealing with the forcible transfer of children within…

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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…

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

January 26, 2023

Yesterday the Grand Chamber of the European Court of Human Rights delivered its much-anticipated decision on jurisdiction and admissibility in the interstate case of Ukraine and the Netherlands v. Russia (nos 8019/16, 43800/14 and 28525/20 – decision; press release). The Court declared the applications admissible, in a clear win for the applicant…

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