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“Failure to Act” of Mr Putin: Liability by Omission

May 10, 2023

Ana Srovin Coralli

Chiara Gabriele

As announced on 17 March 2023, the International Criminal Court (ICC) issued an arrest warrant for Mr Vladimir Putin (the President of the Russian Federation), who has been charged with unlawful deportation and transfer of children (Articles 8(2)(a)(vii) and 8(2)(b)(viii) of the Rome Statute) from the occupied areas of Ukraine to the Russian Federation at least from 24 February 2022 onward. Mr Putin’s individual criminal responsibility allegedly stems from acting directly, jointly with others and/or through others and as a civilian superior (Articles 25(3)(a)) and 28(b) of the Rome Statute). In addition to Vladimir Putin, the so-called Mother Russia Ms Maria Alekseyevna Lvova-Belova (who will not be the subject of analysis here) is allegedly responsible for acting directly, jointly with others and/or through others (Article 25(3)(a) of the Rome Statute) regarding the above-mentioned crimes. The arrest warrant has resulted in numerous debates, including regarding the choice of crimes which have been included (listen here) and its political and legal effects (see here). The ICC decision to go “straight to the top”…

Do States Party to the International Criminal Court Statute have the Obligation to Arrest Vladimir Putin?

April 14, 2023

Yunqing Liu

Background On 17 March 2023, Pre-Trial Chamber II of the International Criminal Court (‘ICC’ or ‘the Court’) issued two arrest warrants for people related to the Ukraine situation, including one for Vladimir Putin, who as President of the Russian Federation is the head of a state that is not a party to the Rome Statute…

South Africa and the ICC Arrest Warrant for Vladimir Putin: Déjà Vu All Over Again?

April 5, 2023

Hannah Woolaver

1. Introduction South Africa is again at the centre of controversy regarding the obligation to arrest a sitting head of state pursuant to an arrest warrant of the International Criminal Court. Previously, the South African government was held by both the ICC and domestic courts to have violated its international and domestic…

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…

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.

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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…