International Criminal Court

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

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”…

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

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…

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

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…

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

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…

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

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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