Ukraine

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The Destruction of the Nova Kakhovka Dam and International Humanitarian Law: Some Preliminary Thoughts

This morning the Nova Kakhovka dam in Ukraine was destroyed, in circumstances which remain unclear. Thousands of people are in peril, while the devastation of downstream communities and the environment will be immense. The dam appears to have collapsed, and the reservoir behind it is now draining at speed. In this post I will just briefly set out the relevant framework of international humanitarian law regarding attacks against dams, and how it applies to the facts as we know them. Last year my friend and colleague Mike Schmitt wrote up two very detailed posts on the rules governing attacks on dams on Articles of War, and I will direct readers to those posts for a more detailed examination of these rules (here and here). (1) Attribution – as things stand it is not yet clear who destroyed the dam. Ukraine is accusing Russia of having done so, while Russia is accusing Ukraine. While all communities affected are on Ukrainian sovereign territory, many of them are in those…

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Ukraine’s Involvement in Cross-Border Raids by Russian Paramilitary Groups: Illegal Use of Force and Intervention or Lawful Self-Defence?

On 22 May 2023, two Russian paramilitary groups – the Liberty of Russia Legion (LSR) and the Russian Volunteer Corps (RDK) – conducted a cross-border raid from Ukrainian territory into the Belgorod region of Russia. After briefly ‘liberating’ some border villages, the fighters were forced to retreat on to Ukrainian territory again. This was not the first such…

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The Moscow Mechanism Expert Report on the Forcible Transfer and Deportation of Ukrainian Children

Before Spring 2022, only the real connoisseurs of the Organization for Security and Cooperation in Europe (OSCE) were familiar with the so-called Moscow Mechanism enabling any OSCE participating State to request the establishment of an ad hoc expert mission to investigate specific questions related to the OSCE human dimension. In the first thirty years of…

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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…

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The Objective Friends of the Court – New Insights into the Role of Third Parties before the European Court of Human Rights

On 20 March 2023, the European Court of Human Rights published a Practice Direction on the modalities of Third-Party Intervention and announced an amendment of the Rules of Court. The clarifications and changes contained therein could not come at a better time. Just three days earlier, the Court had announced that 26 member States would intervene…

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