War Crimes

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The Law of Immunity and the Prosecution of the Head of State of the Russian Federation for International Crimes in the War against Ukraine

The debate on how to prosecute the international crimes linked to the aggression of the Russian Federation against Ukraine is ongoing (for example, here, here and here). One of the most prominent aspects of the debate concerns the question of how to prosecute the persons who are allegedly most responsible for such crimes, particularly, the head of state of the Russian Federation and commander-in-chief of its armed forces, Vladimir Putin.

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ICC Investigation in Georgia: A Success Story?

The conclusion of the investigation phase in the Situation in Georgia by the Prosecutor of the International Criminal Court (ICC) has once again brought into the spotlight the often overlooked conflict between Georgia and Russia that took place in August 2008 over the occupied territory of South Ossetia. After months of internal escalation in the breakaway…

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Mitigation of Dominic Ongwen’s sentence: Gaps in the justification

On 15 December 2022 the Appeals Chamber of the International Criminal Court (ICC) upheld the conviction and sentence of Dominic Ongwen. Mitigation of Ongwen’s sentence because of his past as a child soldier was not the subject of any of the grounds of appeal, but the appeal process left his sentence unaltered…

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Prosecuting war crimes: are Ukrainian courts fit to do it?

 Only three months after Russia’s full-scale invasion, Ukrainian courts delivered the first convictions for war crimes committed by Russian soldiers in Ukraine since February 2022. In May, a Russian soldier was sentenced to life imprisonment for killing a civilian in Sumy Region. The conviction of two more soldiers of indiscriminate attacks on…

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Ukrainian Prosecution of ICC Statute Crimes: Fair, Independent and Impartial?

In view of the widespread euphoria about Ukraine’s admirable defensive struggle against the Russian war of aggression, it is easy to forget that until a few months ago Ukraine was still considered a problematic case in terms of the rule of law. Not only was the fight against corruption promised by President Zelenskyy considered insufficient, but classic deficits…

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