International Law and Domestic Law

Page 1 of 27

Filter category

Feature post image

Are You a Leader? Ukraine’s Supreme Court Clarifies the Definition of the Crime of Aggression

Article 437 of the Ukrainian Criminal Code outlaws planning, preparation or initiation of an aggressive war or an armed conflict, conspiring for any such purpose or waging of an aggressive war or aggressive hostilities. Yet, the domestic legislation is silent on the existence of a leadership requirement. On 28 February 2024, the Grand Chamber of the Supreme Court (hereinafter, the GCSC) offered a long-awaited clarification of this conundrum. My blog post provides an overview of the facts and procedural history germane to the crime of aggression charges, as well as a brief analysis of judicial reasoning. Names All names were redacted from the domestic jurisprudence. This information can, however, be deduced from other sources (here, here, here, here and here). It appears that the case under discussion initially involved four defendants: Ihor Biedulin, Mykola Vynohradov, Oleksandr Buriakov and Dmytro…

Read more

Jurisdictional Immunities and Reparation for WWII Crimes: The Impact of the Italian Constitutional Court’s Judgement No. 159/2023 on Greek Victims’ Claims

Introduction With Judgement No. 159/2023, the Italian Constitutional Court wrote a new chapter in the long-running judicial saga between Germany and Italy over jurisdictional immunities and reparations for serious violations of human rights committed by the Third Reich during World War II. While, in her blog post, Pelliconi has brilliantly analysed the decision’s main…

Read more

The Italian Constitutional Court’s new decision on state immunity and the ICJ Germany vs Italy No. 2

On 21 July 2023, the Italian Constitutional Court issued a new decision on state immunity that could bring the proceeding between Germany and Italy currently pending before the International Court of Justice (ICJ) to conclusion. This post unpacks the decision and its broader impact on immunity in international law, showing that the judgment does not…

Read more

The Ljubljana – The Hague Convention on Mutual Legal Assistance: Was the Gap Closed?

26 May 2023 was a historical day for the fight against impunity for the most serious crimes of concern to the international community. On that day, a Diplomatic Conference of Plenipotentiaries, held in the city of Ljubljana, Slovenia, between 15 and 26 May, adopted by consensus the Ljubljana – The Hague Convention on International Cooperation…

Read more

France’s Highest Court Confirms Universal Jurisdiction

In November 2021, the Criminal Chamber of the French Cour de cassation, shocked the international criminal law community (see here and here) by considering that French courts did not have jurisdiction over crimes against humanity committed in Syria because Syria was not party to the Rome Statute and did…

Read more
  • Page 1 of 27
  • Last