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The International Law of Protected Spaces and the Collapse of the Humanitarian Corridors in Ukraine

March 11, 2022

Kenneth Chan Yoon Onn

As the war in Ukraine deepens, the UN Refugee Agency has warned that Europe sits on the precipice of its ‘largest refugee crisis this century’. Over a million people have already fled the Russian invasion within the first seven days of conflict alone, and numbers are expected to rise exponentially. Simultaneously, while the refugee crisis grows in the West, more than 12 million people remain under siege within Ukraine, including many still trying to leave. Subsequently, calls to create ‘humanitarian corridors’ have been a major point of discussion during recent peace talks between Moscow and Kyiv, and although a cessation of hostilities has not been procured, negotiators have at least tentatively agreed to the creation of humanitarian corridors to facilitate the mass exodus of civilians from conflict zones. Although details about the operation of these corridors have been scarce, Ukrainian presidential aide Mykhailo Podolyak and Russia’s main negotiator, former culture minister Vladimir Medinsky, have specifically indicated that temporary ceasefires would be implemented ‘in places where humanitarian corridors [are] being…

Russia’s Submission to the ICJ in the Genocide Case; Russia’s Withdrawal from the Council of Europe

March 11, 2022

Marko Milanovic

A quick update on two important developments. First, the ICJ has put up on its website a submission it received from the Russian Federation in the Ukraine v. Russia genocide case, in which the Court’s provisional measures decision is pending. Because Russia has declined to participate in the proceedings – at least for now –…

Preventing Genocide and the Ukraine/Russia case

March 10, 2022

William Schabas

Ukraine’s recent application against Russia at the International Court of Justice raises the question of the permissibility of the use of force outside the exceptions in the Charter of the United Nations for the purpose of preventing genocide. When the application is read together with the statements made by Ukraine’s…

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…

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,…

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

June 6, 2023

Marko Milanovic

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…

Targeted Killings: New Allegations Against India and Ukraine

September 19, 2023

Marko Milanovic

Yesterday, the Canadian prime minister, Justin Trudeau, stood up in Parliament and formally accused the government of India of committing a targeted killing on Canadian territory. The victim, Hardeep Singh Nijjar, was a prominent leader of a Sikh separatist movement in India, who was designated as a terrorist by the Indian government. He was assassinated…

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…