Two Weeks in Review, 6 – 19 June 2022

Martin Jarrett looks at whether there is a potential expropriation claim ‘brewing’ after German authorities imposed a trusteeship over Gazprom Germania GmbH. Jarrett examines a number of interesting features of this situation, including whether Germany’s conduct constitutes expropriation and which investment treaties Gazprom Russia could claim under. Read Jarrett’s analysis here.

Melanie O’Brien and Noelle Quenivet deal with the harrowing topic of sexual and gender-based violence against women in conflict. They specifically address reports of incidents taking place in the context of Russia’s aggression against Ukraine and how to close the impunity gap by taking in the gendered component of the crimes. 

Diane Desierto examines Russia’s obligations under human rights law in relation to the right to food in the context of its act of aggression against Ukraine. 

While they may be third States with duties of non-recognition insofar as Russian actions of aggression, invasion, and annexation of Ukraine are concerned, they are now direct parties absorbing the impacts of global food shortages, global food price inflation, and global food supply chains disrupted and endangered under the Russian Federation’s violations of the ICESCR and related international humanitarian law.

Read Desierto’s analysis of Russia’s human rights obligations here. 

Kai Ambos questions whether Ukrainian prosecution of international crimes is ‘fair, independent and impartial’ after the life sentence imposed in the publicised trial of Russian tank driver, Vadim Shishimarin, and the vigour with which Ukrainian authorities are investigating possible Russian war crimes. Ambos questions whether the same efforts are being made to investigate possible Ukrainian crimes and more here. 

Alison Bisset assesses whether the Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity and War Crimes (The MLA Convention) is capable to achieving its original aim of filling the cooperation gap between states in the prosecution of international crimes. Bisset concludes that ‘on paper, yes it does [fill the gap]. However, it needs state ratification to fill the gap in practice. The current “cooperation-plus” approach may make that ratification difficult to obtain.’

Lawrence Hill-Cawthorne examines the decision by the so-called Donetsk People’s Republic to sentence to death two British nationals who surrendered while fighting in Ukraine. After examining the available information and applicable law, Hill-Cawthorne argues these two individuals appear to be combatants and therefore should be entitled to POW status. 

Dimitris Panousos looks at the legality of the recent seizure by Iran of two Greek-flagged oil tankers sailing in international waters and offers an assessment of the applicable law. Read more about the incident and the application of the law of the sea and law of state responsibility here. 

Kateryna Busol discusses the symbolism of Nuremberg and how this ‘trial of all trials’ is invoked in the context of Russia’s aggression against Ukraine for both states. Read Busol’s discussion here. 

Rodolfo Ribeiro writes a beautiful tribute to the ‘professor, researcher, consultant, legal advisor, delegate, and international judge’ Antonio Augusto Cançado Trindade after his recent passing at the age of 74. Read Ribeiro’s memorial here.

All recent Events and Announcements can be found here.

The European Journal of International Law has new advance articles and advance reviews available to read online. These include:

• Shin-yi Peng’s ‘The Uneasy Interplay between Digital Inequality and International Economic Law’, and
• Jason Becket’s review of Vijayashri Sripati, Constitution-Making under UN Auspices: Fostering Dependency in Sovereign Lands