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Arresting “Mother Russia”: Female Defendants and Gender(ed) Justice in International Criminal Tribunals

March 27, 2023

Natalie Hodgson

With news breaking that the ICC has publicly issued its first two arrest warrants in relation to the Situation in Ukraine, much discussion has focused on the likelihood (or lack thereof) of Russian President Vladimir Putin being surrendered to the Court, the potential strategy behind the selection of charges, the issue of immunities, and the potential for a deferral request under Article 16 of the Rome Statute. However, the arrest warrants are notable for another reason. Ms Maria Lvova-Belova, the Russian Commissioner for Children’s Rights, is now the second woman to be the subject of an arrest warrant at the ICC. The arrest warrant charges Ms Lvova-Belova with committing the war crimes of unlawful deportation of population and of unlawful transfer of population (Articles 8(2)(a)(vii) and 8(2)(b)(viii)), directly, jointly with others and/or through others (Article 25(3)(a)). The charges relate to the alleged Russian policy of removing Ukrainian children from orphanages and care homes and putting them up for…

EJIL: The Podcast! Episode 19 – “From Russia With War: Part Deux”

March 24, 2023

Philippa Webb

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.

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

March 21, 2023

Miles Jackson

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…

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

March 20, 2023

Sergey Vasiliev

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…

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

Andrea Maria Pelliconi

Francesca Sironi De Gregorio

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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Can the ICC Prosecute for Use of Chemical Weapons in Syria?

August 23, 2013

Dapo Akande

Recent reports regarding the possible use of chemical weapons in Syria are very disturbing indeed. If it turns out that there is concrete evidence that chemical weapons have been used, many will hope this will (finally) provoke action by the Security Council. There will inevitably be calls for accountability of those responsible and hopes that the Syrian situation will be referred…

ICC Appeals Chamber Holds that Heads of State Have No Immunity Under Customary International Law Before International Tribunals

May 6, 2019

Dapo Akande

The Appeals Chamber of the International Criminal Court (ICC) has, this morning, issued what seems to be an extremely controversial decision on Head of State Immunity. At the time of writing, the full written judgment is not yet available in the appeal by Jordan against the decision of the Pre-Trial Chamber referring that state to the UN Security…

Palestine, UN Non-Member Observer Status and ICC Jurisdiction

May 6, 2014

Kai Ambos

On 22 January 2009, the Palestinian Minister of Justice, on behalf of the Palestinian National Authority (PNA), lodged a declaration recognizing the jurisdiction of the International Criminal Court (ICC) (pictured left) ‘for the purpose of identifying, prosecuting and judging the authors and accomplices of acts committed on the territory of Palestine since 1 July 2002.’ On…

Palestine as a UN Observer State: Does this Make Palestine a State?

December 3, 2012

Dapo Akande

Last week, the UN General Assembly voted by 138 to 9 (with 41 abstaining) “to accord to Palestine non-member observer State status in the United Nations”. Thus, Palestine which has been an observer at the UN since 1974 has had its status within the UN upgraded to being an observer State. There has been much euphoria on…