Ukraine

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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…

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Understanding the New Ukraine Assistance Fund: A Game-Changer in EU Support to Ukraine?

After some nine months of intense diplomatic negotiations, the Ukraine Assistance Fund (UAF) has finally found its place in the EU legal framework. A political agreement was reached at ambassadorial level in COREPER on 13 March, and EU Foreign Ministers formally finalised it in the form of a Council Decision at the Foreign Affairs Council on 18…

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Human Rights Reparations and Fact-Finding Quandaries in the 2024 ICJ Judgments in Ukraine v. Russian Federation

Perhaps more than any other time in the history of the International Court of Justice, international human rights law has never been more ubiquitously and stridently deployed at the World Court by so many States, several of whom do not necessarily have the usual nationality linkages when it comes to the assertion of injuries and harms from asserted…

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Past Time to Liquidate Russian Assets

This piece is cross-posted on Just Security. Two long years ago, Russia launched its brutal campaign of aggression and atrocity against Ukraine. That full-scale invasion has now killed more than 30,000 Ukrainians, displaced more than 10 million, and destroyed more than $400 billion of civilian property…

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Immobilised Assets, Extraordinary Profits: The EU Council Decision on Russia’s Central Bank Reserves and Its Legal Challenges

On 28 February 2024, the President of the European Commission, Ursula von der Leyen, announced that ‘it is time to start a conversation about using the windfall profits of frozen Russian assets to jointly purchase military equipment for Ukraine’. This statement comes on the heels of a decision adopted by the Council of the European Union (EU)…

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