Ukraine has called for the establishment of an ad hoc tribunal to investigate and prosecute crimes of aggression committed against it in the context of the Russian invasion. Ukraine has insisted that such a tribunal must be international in nature. Members of the G7, however, have stated that they can only support an “internationalised” or hybrid tribunal embedded in Ukraine’s domestic legal system. This article considers the critiques advanced against the international tribunal model and contends that many of these arguments are flawed, while arguments in favour of the internationalised model are misplaced or overstated. In addition to other advantages, it is demonstrated that an international tribunal: could be set up more quickly; would have a greater prospect of ensuring immunities do not apply; and would be more effective in reinforcing the prohibition of the use of force, thereby maximising the potential of deterrence. For these reasons it is concluded that an international tribunal is the best option for ensuring that those most responsible for crimes of aggression committed against Ukraine are held to account.
{"title":"Why Ukraine Needs an International - Not Internationalised - Tribunal to Prosecute the Crimes of Aggression Committed Against It","authors":"Carrie McDougall","doi":"10.21697/2023.12.2.03","DOIUrl":"https://doi.org/10.21697/2023.12.2.03","url":null,"abstract":"Ukraine has called for the establishment of an ad hoc tribunal to investigate and prosecute crimes of aggression committed against it in the context of the Russian invasion. Ukraine has insisted that such a tribunal must be international in nature. Members of the G7, however, have stated that they can only support an “internationalised” or hybrid tribunal embedded in Ukraine’s domestic legal system. This article considers the critiques advanced against the international tribunal model and contends that many of these arguments are flawed, while arguments in favour of the internationalised model are misplaced or overstated. In addition to other advantages, it is demonstrated that an international tribunal: could be set up more quickly; would have a greater prospect of ensuring immunities do not apply; and would be more effective in reinforcing the prohibition of the use of force, thereby maximising the potential of deterrence. For these reasons it is concluded that an international tribunal is the best option for ensuring that those most responsible for crimes of aggression committed against Ukraine are held to account.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"48 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139840384","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article deals with the personal scope of criminal responsibility for the crime of aggression against Ukraine. While the Kampala amendments to the Statute of the International Criminal Court have further strengthened the crime of aggression’s leadership character, they have also limited the possibility of holding individuals accountable as accomplices. Nonetheless, this article posits that there are still avenues within the current legal framework to bring key individuals involved in the aggression against Ukraine to justice. It examines different factions within the Russian leadership and the leaders of Belarus and also explores the possibility of bringing Russian propagandists to account. The article advocates for a careful selection policy that balances international and domestic systems better to serve the cause of accountability. Pursuing investigations and prosecutions against these groups should result in an outcome that re#ects the extent of the criminality of Russia’s aggressive war.
{"title":"“Commited by Men”: Individual Criminal Responsibility for Aggression Against Ukraine","authors":"G. Bogush","doi":"10.21697/2023.12.2.04","DOIUrl":"https://doi.org/10.21697/2023.12.2.04","url":null,"abstract":"\u0000\u0000\u0000The article deals with the personal scope of criminal responsibility for the crime of aggression against Ukraine. While the Kampala amendments to the Statute of the International Criminal Court have further strengthened the crime of aggression’s leadership character, they have also limited the possibility of holding individuals accountable as accomplices. Nonetheless, this article posits that there are still avenues within the current legal framework to bring key individuals involved in the aggression against Ukraine to justice. It examines different factions within the Russian leadership and the leaders of Belarus and also explores the possibility of bringing Russian propagandists to account. The article advocates for a careful selection policy that balances international and domestic systems better to serve the cause of accountability. Pursuing investigations and prosecutions against these groups should result in an outcome that re#ects the extent of the criminality of Russia’s aggressive war.\u0000\u0000\u0000","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"42 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139780061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Article describes unprecedented (in terms of scope, time framework, arguments) legal actions undertaken by Ukraine in response to Russian aggression which began in 2014 and which escalated in 2022. In the framework of lawfare conducted by Ukraine, article focuses on the allegations of genocide which appeared on both sides of conflict. In consequences, it addresses the current proceeding in the International Court of Justice: Ukraine v. Russian Federation, with 32 States intervening, in which Ukraine attempts to prove that Russia started intervention under the pretext of genocide allegedly committed in Eastern Ukraine. At the same time, article presents arguments concerning the possibility of classification of crimes committed by Russia in Ukraine as genocide. At the end the article presents the content of the volume 2 of PRIEL of the year 2023.
{"title":"Conflict in Ukraine – Legal Battlefield. Editorial","authors":"Patrycja Grzebyk","doi":"10.21697/2023.12.2.01","DOIUrl":"https://doi.org/10.21697/2023.12.2.01","url":null,"abstract":"Article describes unprecedented (in terms of scope, time framework, arguments) legal actions undertaken by Ukraine in response to Russian aggression which began in 2014 and which escalated in 2022. In the framework of lawfare conducted by Ukraine, article focuses on the allegations of genocide which appeared on both sides of conflict. In consequences, it addresses the current proceeding in the International Court of Justice: Ukraine v. Russian Federation, with 32 States intervening, in which Ukraine attempts to prove that Russia started intervention under the pretext of genocide allegedly committed in Eastern Ukraine. At the same time, article presents arguments concerning the possibility of classification of crimes committed by Russia in Ukraine as genocide. At the end the article presents the content of the volume 2 of PRIEL of the year 2023.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"9 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139781698","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article argues that the exclusion of the Russian Federation from the Council of Europe created a legal situation which enabled the European Court of Human Rights to develop new ways of proceeding when a State de facto refuses to participate in the proceedings and opened for the Court a possibility to interpret the provisions of the European Convention on Human Rights in such a way as to ensure that victims of the Russia’s aggression against Ukraine are afforded the broadest possible protection not only under international humanitarian law, but also under the ECHR.
{"title":"Legal Dilemmas of the European Court of Human Rights After Russia's Expulsion from the Council of Europe. Selected Issues","authors":"Aleksandra Mężykowska","doi":"10.21697/2023.12.2.05","DOIUrl":"https://doi.org/10.21697/2023.12.2.05","url":null,"abstract":"\u0000\u0000\u0000The article argues that the exclusion of the Russian Federation from the Council of Europe created a legal situation which enabled the European Court of Human Rights to develop new ways of proceeding when a State de facto refuses to participate in the proceedings and opened for the Court a possibility to interpret the provisions of the European Convention on Human Rights in such a way as to ensure that victims of the Russia’s aggression against Ukraine are afforded the broadest possible protection not only under international humanitarian law, but also under the ECHR.\u0000\u0000\u0000","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"27 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139840570","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Ewa Salkiewicz-Munnerlyn Jurisprudence of the PCIJ and of the ICJ on Interim Measures of Protection (T.M.C. Asser Press 2022, pp. 151)","authors":"Sava Jankovic","doi":"10.21697/2023.12.2.07","DOIUrl":"https://doi.org/10.21697/2023.12.2.07","url":null,"abstract":"","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"231 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139841841","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article explores the roles of the UN Security Council and UN General Assembly related to the 24 February 2022 invasion by Russian forces of the territory of Ukraine. It considers the Security Council’s paralysis, and suggests states make more use of the UN Charter language that requires obligatory abstention in voting of a “party to a dispute” under Chapter VI; the article also considers legality issues related to a permanent member’s veto use that aids its own jus cogens violation. As to both topics, the article suggests the General Assembly could weigh in by issuing a substantive resolution or requesting an Advisory Opinion from the International Court of Justice. The General Assembly, or the Council acting under Chapter VI, could also establish a Special Tribunal on the Crime of Aggression for the situation of Ukraine.
{"title":"The Role of the UN Security Council & General Assembly In Responding to the Invasion of Ukraine","authors":"Jennifer Trahan","doi":"10.21697/2023.12.2.02","DOIUrl":"https://doi.org/10.21697/2023.12.2.02","url":null,"abstract":"\u0000\u0000\u0000This article explores the roles of the UN Security Council and UN General Assembly related to the 24 February 2022 invasion by Russian forces of the territory of Ukraine. It considers the Security Council’s paralysis, and suggests states make more use of the UN Charter language that requires obligatory abstention in voting of a “party to a dispute” under Chapter VI; the article also considers legality issues related to a permanent member’s veto use that aids its own jus cogens violation. As to both topics, the article suggests the General Assembly could weigh in by issuing a substantive resolution or requesting an Advisory Opinion from the International Court of Justice. The General Assembly, or the Council acting under Chapter VI, could also establish a Special Tribunal on the Crime of Aggression for the situation of Ukraine.\u0000\u0000\u0000","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"82 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139781508","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Ewa Salkiewicz-Munnerlyn Jurisprudence of the PCIJ and of the ICJ on Interim Measures of Protection (T.M.C. Asser Press 2022, pp. 151)","authors":"Sava Jankovic","doi":"10.21697/2023.12.2.07","DOIUrl":"https://doi.org/10.21697/2023.12.2.07","url":null,"abstract":"","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"33 48","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139781996","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Ukraine has called for the establishment of an ad hoc tribunal to investigate and prosecute crimes of aggression committed against it in the context of the Russian invasion. Ukraine has insisted that such a tribunal must be international in nature. Members of the G7, however, have stated that they can only support an “internationalised” or hybrid tribunal embedded in Ukraine’s domestic legal system. This article considers the critiques advanced against the international tribunal model and contends that many of these arguments are flawed, while arguments in favour of the internationalised model are misplaced or overstated. In addition to other advantages, it is demonstrated that an international tribunal: could be set up more quickly; would have a greater prospect of ensuring immunities do not apply; and would be more effective in reinforcing the prohibition of the use of force, thereby maximising the potential of deterrence. For these reasons it is concluded that an international tribunal is the best option for ensuring that those most responsible for crimes of aggression committed against Ukraine are held to account.
{"title":"Why Ukraine Needs an International - Not Internationalised - Tribunal to Prosecute the Crimes of Aggression Committed Against It","authors":"Carrie McDougall","doi":"10.21697/2023.12.2.03","DOIUrl":"https://doi.org/10.21697/2023.12.2.03","url":null,"abstract":"Ukraine has called for the establishment of an ad hoc tribunal to investigate and prosecute crimes of aggression committed against it in the context of the Russian invasion. Ukraine has insisted that such a tribunal must be international in nature. Members of the G7, however, have stated that they can only support an “internationalised” or hybrid tribunal embedded in Ukraine’s domestic legal system. This article considers the critiques advanced against the international tribunal model and contends that many of these arguments are flawed, while arguments in favour of the internationalised model are misplaced or overstated. In addition to other advantages, it is demonstrated that an international tribunal: could be set up more quickly; would have a greater prospect of ensuring immunities do not apply; and would be more effective in reinforcing the prohibition of the use of force, thereby maximising the potential of deterrence. For these reasons it is concluded that an international tribunal is the best option for ensuring that those most responsible for crimes of aggression committed against Ukraine are held to account.","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"55 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139780413","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article argues that the exclusion of the Russian Federation from the Council of Europe created a legal situation which enabled the European Court of Human Rights to develop new ways of proceeding when a State de facto refuses to participate in the proceedings and opened for the Court a possibility to interpret the provisions of the European Convention on Human Rights in such a way as to ensure that victims of the Russia’s aggression against Ukraine are afforded the broadest possible protection not only under international humanitarian law, but also under the ECHR.
{"title":"Legal Dilemmas of the European Court of Human Rights After Russia's Expulsion from the Council of Europe. Selected Issues","authors":"Aleksandra Mężykowska","doi":"10.21697/2023.12.2.05","DOIUrl":"https://doi.org/10.21697/2023.12.2.05","url":null,"abstract":"\u0000\u0000\u0000The article argues that the exclusion of the Russian Federation from the Council of Europe created a legal situation which enabled the European Court of Human Rights to develop new ways of proceeding when a State de facto refuses to participate in the proceedings and opened for the Court a possibility to interpret the provisions of the European Convention on Human Rights in such a way as to ensure that victims of the Russia’s aggression against Ukraine are afforded the broadest possible protection not only under international humanitarian law, but also under the ECHR.\u0000\u0000\u0000","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"139 16","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139780679","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article explores the roles of the UN Security Council and UN General Assembly related to the 24 February 2022 invasion by Russian forces of the territory of Ukraine. It considers the Security Council’s paralysis, and suggests states make more use of the UN Charter language that requires obligatory abstention in voting of a “party to a dispute” under Chapter VI; the article also considers legality issues related to a permanent member’s veto use that aids its own jus cogens violation. As to both topics, the article suggests the General Assembly could weigh in by issuing a substantive resolution or requesting an Advisory Opinion from the International Court of Justice. The General Assembly, or the Council acting under Chapter VI, could also establish a Special Tribunal on the Crime of Aggression for the situation of Ukraine.
{"title":"The Role of the UN Security Council & General Assembly In Responding to the Invasion of Ukraine","authors":"Jennifer Trahan","doi":"10.21697/2023.12.2.02","DOIUrl":"https://doi.org/10.21697/2023.12.2.02","url":null,"abstract":"\u0000\u0000\u0000This article explores the roles of the UN Security Council and UN General Assembly related to the 24 February 2022 invasion by Russian forces of the territory of Ukraine. It considers the Security Council’s paralysis, and suggests states make more use of the UN Charter language that requires obligatory abstention in voting of a “party to a dispute” under Chapter VI; the article also considers legality issues related to a permanent member’s veto use that aids its own jus cogens violation. As to both topics, the article suggests the General Assembly could weigh in by issuing a substantive resolution or requesting an Advisory Opinion from the International Court of Justice. The General Assembly, or the Council acting under Chapter VI, could also establish a Special Tribunal on the Crime of Aggression for the situation of Ukraine.\u0000\u0000\u0000","PeriodicalId":269602,"journal":{"name":"Polish Review of International and European Law","volume":"723 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139841134","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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