International Criminal Court

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

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 as war crimes. Following on from Sergey’s post yesterday, this post provides an overview of certain legal issues relating to the issuance of the warrants, as well as a brief reflection on some of the policy tensions it generates. Crimes within the Jurisdiction of the Court The ICC has jurisdiction over crimes committed on the territory of Ukraine on the basis of Ukraine’s declaration pursuant to Article 12(3) of the Rome Statute. The arrest warrants concern crimes alleged to have been committed on the territory of Ukraine at least from 24 February 2022. These are the war crimes of (i) unlawful deportation of population under Article 8(2)(a)(vii) of the…

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

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…

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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

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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Amending the Amendment: In Search of an Adequate Procedure for a Revision of the Jurisdictional Regime for the Crime of Aggression in the Rome Statute

In the wake of Russia's aggression against Ukraine, the so far often neglected crime of aggression is receiving increased attention. While this attention is currently centred primarily on the establishment of a Special Tribunal for the Crime of Aggression against Ukraine, there is also growing support for an amendment of the jurisdictional regime for the crime of…

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ICC Investigation in Georgia: A Success Story?

The conclusion of the investigation phase in the Situation in Georgia by the Prosecutor of the International Criminal Court (ICC) has once again brought into the spotlight the often overlooked conflict between Georgia and Russia that took place in August 2008 over the occupied territory of South Ossetia. After months of internal escalation in the breakaway…

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