Ukraine

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Aggression against Ukraine: Avenues for Accountability for Core Crimes

The unprovoked attack by Russia against Ukraine should be qualified as a crime against peace, or the crime of aggression, as defined in Article 6(a) of the IMT Charter and in Article 8bis of the ICC Statute. There are also allegations of war crimes as the Russian armed forces have targeted non-military objectives and civilians in urban and densely populated areas using imprecise weapons such as ballistic missiles and cluster munitions. The end of the conflict is not yet in sight but questions of accountability of leaders for the international crimes committed in Ukraine loom large. The language of international criminal law has permeated commentary and served as the frame of reference from the outset. Putin himself weaponised ICL rhetoric. His botched claim that genocide of the population of the Donbas had been taking place, which was used as a pretext…

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Open Letter to my Russian Friends: Ukraine is Not Crimea

In reaction to the incorporation of Crimea into the Russian Federation, I had written that the use of Russian armed force against Ukraine is contrary to one of the most fundamental principles of contemporary international law and can be qualified as an “aggression” (Le Monde, 14 March 2014). This applies all the more to the use of armed…

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

In this post I will not be addressing the legality of Russia’s use of force against Ukraine, but that of its recognition of the separatist republics in Ukraine as independent States. This recognition has been described by numerous other States as not only unlawful, but as a manifest or flagrant breach of international law. For example, the words…

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After Hegemony: The Law on the Use of Force and the Ukraine Crisis

Most questions on the law on the use of force surrounding the Russian invasion in Ukraine are straightforward. There is simply no plausible legal justification for the invasion, and Putin’s attempt at creating one through recognizing the ‘people’s republics’ of Donetsk and Luhansk and then claiming collective self-defence and the need to protect them from Ukrainian ‘genocide’ is…

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Will a state supplying weapons to Ukraine become a party to the conflict and thus be exposed to countermeasures?

According to the time-honoured law of neutrality, the territory of neutral powers is “inviolable” (Art. 1 Hague “Convention (V) respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land, October 18, 1907). Parties to a conflict may therefore not use it in any conflict-related manner, e.g. to transport war material (…

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