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Ahead of the game? Sporting sanctions against Russia following the invasion of Ukraine

March 9, 2022

Carmen Pérez

“I am always amazed when I hear people saying that sport creates goodwill between the nations, and that if only the common peoples of the world could meet one another at football or cricket, they would have no inclination to meet on the battlefield” George Orwell, The Sporting Spirit (1945) Almost immediately after the invasion of Ukraine took place, in a truly unusual reaction, a growing number of sports associations have in recent days taken measures which are aimed not only at preventing the organisation of international sports competitions in Russian or Belarusian territories but also affect the participation of Russian and Belarusian athletes in sporting competitions held worldwide. The International Olympic Committee's (IOC) Recommendation, adopted on 28 February, kicked off and, in a way, resolved a dilemma that many of these associations were facing. Indeed, when its Executive Committee recommended the non-participation of these athletes or teams in international competitions, a cascade of decisions followed from FIFA, ITF, FIBA, ISU, and World Athletics, among others. As for…

Russia’s Recognition of the ‘Separatist Republics’ in Ukraine was Manifestly Unlawful

March 9, 2022

Marc Weller

The rush to judgment can be deceptive. A recent contribution to these pages cautions us against making instant assumptions of fact and law when considering Russia’s recognition as states of parts of Luhansk and Donetsk Oblasts within Ukraine as manifestly unlawful. Two questions arise: Do the Oblasts meet the criteria of statehood and, if so,…

Ukranian ‘IT Army’: A Cyber Levée en Masse or Civilians Directly Participating in Hostilities?

March 9, 2022

Russell Buchan

Nicholas Tsagourias

In the days following Russia’s invasion of Ukraine, Ukraine’s Deputy Prime Minister and Minister for Digital Transformation Mykhaylo Fedorov announced in a tweet the creation of an ‘IT Army’. According to reports, as many as 400, 000 people from across the world have joined. A list of targets has been published and…

Mercenary or Combatant? Ukraine’s International Legion of Territorial Defense under International Humanitarian Law

March 8, 2022

Ilya Nuzov

On the fourth day after Russia’s February 24 armed attack and invasion of Ukraine, President Zelensky made a call for foreigners wishing to defend Ukraine to join the International Legion of Territorial Defense (ILTG), inviting individuals to contact foreign diplomatic missions of Ukraine in their respective countries (you could sign up here). Hundreds of American,…

The Legal Death of Free Speech in Russia

March 8, 2022

Marko Milanovic

‘[W]hat made me particularly happy was to see that the Committee’s decision [to award him the Nobel Peace Prize] stressed the link between defense of peace and defense of human rights, emphasising that the defense of human rights guarantees a solid ground for genuine long-term international cooperation. … Granting the award to a person who defends political…

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Russia’s “genocide disinformation” and war propaganda are breaches of the International Convention Concerning the Use of Broadcasting in the Cause of Peace and fall within the ICJ’s jurisdiction

March 4, 2022

Talita de Souza Dias

Notice of correction by the author, as reviewed by the editors: Russia has made a reservation to Article 7 of the International Convention Concerning the Use of Broadcasting in the Cause of Peace (the compromissory clause granting the PCIJ jurisdiction over the interpretation and interpretation of the Convention) upon ratifying the Convention. The reservation reads as follows:…

ICJ Indicates Provisional Measures Against Russia, in a Near Total Win for Ukraine; Russia Expelled from the Council of Europe

March 16, 2022

Marko Milanovic

This afternoon the International Court of Justice, by 13 votes to 2, issued its order on provisional measures in the case brought by Ukraine against Russia under the Genocide Convention. The Court essentially accepted all of the arguments made by Ukraine for the purposes of the provisional measures stage of the proceeding, and rejected those…

Corporate accountability and Iranian drones in the Ukraine war: Could sanctions lead to prosecutions for international crimes?

November 23, 2022

Tomas Hamilton

Throughout the Ukraine conflict, allegations have been made against foreign businesses for providing various types of direct or indirect support for Russia’s military attacks. Most recently, firms were placed under US sanctions on 15 November 2022 for ‘the production or ongoing transfer to Russia of Iranian unmanned aerial vehicles used by Russia [in] devastating attacks…

Project 2100—Is the International Legal Order Fit for Purpose?

November 29, 2022

Sir Daniel Bethlehem KC

It is in the darkest moments that we must ask the hardest questions and peer through the gloom in an attempt to see the light. The events to the east of us raise stark questions—about the current world order; about the place and effectiveness of the United Nations; about what the U.S. long-term assessment of global…