Expert Commentary
This page contains several expert commentaries on the war in Ukraine and the role of international law. Click on the Learn More button next to each description to access the commentary. This is a continually updating page—be sure to check back for additional resources.
White Paper On Russian Federation War Crimes Against Ukraine, The Global Accountability Network
The Global Accountability Network has released an extensive initial white paper on the Russian Federation’s invasion of Ukraine and the subsequent international crimes perpetrated by Russian Federation armed forces in the first weeks of the conflict. The white paper entitled: Russian Federation War Crimes Against Ukraine contains an overview of the relations of Russia and Ukraine; a geopolitical analysis of the tensions and territorial claims by both parties; an overview of the international crimes; an appendices with a sample of a proposed indictment of the Russian Federation President Vladimir Putin, a crime base matrix, a conflict map, a list of perpetrators, and other items.
Strength and Solidarity: Will Russia be held accountable for its war on Ukraine?
Three weeks into Russia’s war of aggression, Roman Romanov, Human Rights and Justice Program Director at the International Renaissance Foundation in Kiev, Ukraine, reflects on why accountability for Russia is critical and calls for new thinking and better results.
Opinions of (Legal) Scholars on the Conflict in Ukraine
This page, created by Noelle Quenivet, compiles dozens of legal analyses of the conflict in Ukraine, divided into discrete topics such as Relevance of International Law; Statehood, Independence and Nationality; and Use of Force and Collective Security.
Russia v. Ukraine: The Limits of International Law
This article, written by PILPG Managing Director Professor Milena Sterio, analyzes the the international issues arising out of this conflict. It looks at the international law limitations for engaging international actors in defense of Ukraine, limitations for seeking accountability for crimes committed in Ukraine, and limitations on the role of the International Court of Justice.
Aggression and the Veto
This resource, written by PILPG Senior Peace Fellow Professor Jennifer Trahan, examines the prohibition of the crime of aggression under the International Criminal Court’s Rome Statute and other international law sources. It analyzes the crime of aggression in light of the veto power of the United Nations Security Council permanent members.
Is international law powerless against Russian aggression in Ukraine? No, but it’s complicated
This analysis, written by Juliette McIntyre, Douglas Guilfoyle, and Tamsin Phillipa Paige, looks at the power of international law during Russia’s invasion of Ukraine. The article looks at the international law provisions breached by Russia, what the United Nations Security Council can do in this situation, and whether Russian President Vladimir Putin can be prosecuted for the alleged crimes.
Putin Can’t Destroy the International Order by Himself
This article, written by Oona Hathaway and Scott Shapiro, looks at how the war in Ukraine and the invasion by Russia affects the international legal order as we know it.
What is Russia’s Legal Justification for Using Force against Ukraine?
This analysis, written by Dr. Marko Milanovic, discusses Russia’s use of force against Ukraine and how Russia has justified. The piece looks at President Putin’s speech minutes before the invasion began and President Putin’s comparison of his own decisions with those made by other international actors prior.
Recognition
This analysis, written by Dr. Marko Milanovic, deals with the Russian decision to recognize separatist Donetsk and Luhansk republics in Eastern Ukraine as independent states. The piece examines the legal issues arising out of this recognition.
Ukraine Files ICJ Claim against Russia
This piece, written by Dr. Marko Milanovic, analyzes the recent Ukrainian decision to submit an application before the International Court of Justice. The application requests Russia to be hold accountable for the manipulation of the notion of genocide to justify aggression and to request an urgent decision ordering Russia to cease military activity.
Putin’s War against Ukraine: Mocking International Law
This analysis, written by Ralph Janik, discusses the international law violations committed by Russia by invading Ukraine, annexing Crimea, supporting separatists in eastern Ukraine, and sending special forces into Ukraine. The piece also examines Russia’s justifications for the invasion, namely the right to (collective) self-defense of the self-declared republics.
WHAT JUSTICE OPTIONS FOR UKRAINE FACED WITH RUSSIA’S INVASION?
This article, written by Franck Petit based on an interview with Frédéric Mégret, co-director of the Centre for Human Rights and Legal Pluralism at the Faculty of Law of McGill University, Canada, discusses the international mechanisms that are relevant for seeking justice for the Russian invasion of Ukraine and how international law responds to this situation.
United Nations Response Options to Russia’s Aggression: Opportunities and Rabbit Holes
This article, written by Larry D. Johnson, outlines several opportunities that Ukraine has for addressing Russia’s aggression. The article discusses the role of the United Nations, including the United Nations General Assembly, and its role in establishing a war crimes tribunal for the crime of aggression. The piece also addresses the challenges the United Nations system presents for addressing this aggression.
Armed Ukrainian Citizens: Direct Participation in Hostilities, Levée en Masse, or Something Else?
This article, written by Emily Crawford, addresses the question of what is the role and legal status under the laws of war of the Ukrainian civilians that have taken up arms to defend their state. The article analyzes whether these civilians should be named civilians taking direct participation in hostilities, levee en masse, or by another name and how that impacts their protections under international law.
The Case Against Vladimir Putin
This news piece, written by Stephan Faris, Simon van Dorpe, and Sarah Anne Aarup, deals with the Russian acts during the wars in Ukraine, Chechnya, Syria, Georgia, and Donbas and how they may be classified as war crimes. The piece discusses the international responses to Russia’s wars and the possibility of putting Putin on trial.
What We Need to Do With All of the Videos of Violence in Ukraine
This commentary, written by Amre Metwally, examines the evidentiary issues and potential solutions for preserving social media posts, videos, and other online updates related to violence in Ukraine.
War in Ukraine: 'If civilians are directly targeted, that is a crime', says ICC prosecutor
In this interview, the Chief Prosecutor of the International Criminal Court Karim Khan discusses the Court’s investigation into possible war crimes committed during Russia’s war in Ukraine. The interview also touched upon the possibility of initiating proceedings against the Russian President Vladimir Putin.
Aggression against Ukraine: Avenues for Accountability for Core Crimes
This article, written by Sergey Vasiliev, discusses international criminal law violations committed by Russia and the possibility of holding Russian leaders to account before international criminal courts. The article particularly deals with the jurisdiction of the International Criminal Court, the possibility of establishing an ad hoc tribunal or an investigative mechanism, and the possibility of prosecuting the crimes committed before domestic courts.
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
This analysis, written by Dr. Talita de Souza Dias, looks at Russia’s false allegations of genocide as a pretext for the invasion of Ukraine. The piece refers to the International Convention Concerning the Use of Broadcasting in the Cause of Peace as basis to argue that Russia could have breached the obligation of states not to incite war, prohibit, and, if necessary, stop transmission of statements that can harm international understanding. It also looks at the jurisdiction of the International Court of Justice for such a claim.
Could Russia be Suspended from the United Nations?
This analysis, written by Rebecca Barber, focuses on the role of Russia and its veto power in the United Nations Security Council and the possibility of suspending Russia from it for taking a direct part in an ongoing conflict.
U.N. General Assembly Should Recommend Creation Of Crime Of Aggression Tribunal For Ukraine: Nuremberg Is Not The Model
This article, written by PILPG Senior Peace Fellow Professor Jennifer Trahan, addresses the potential avenues for holding Russia accountable for the crime of aggression against Ukraine. The article specifically looks at the role of the UN General Assembly and the possibility of setting up a hybrid tribunal, expanding the ICC’s jurisdiction, or creating a Nuremberg-style tribunal.
The Int’l Criminal Court’s Ukraine Investigation: A Test Case for User-Generated Evidence
The article, written by Rebecca Hamilton and Lindsay Freeman, considers the large amount of user-generated evidence - evidence recorded on a smartphone by an ordinary citizen – that is being produced during the Ukraine-Russia war and the ability of the International Criminal Court to absorb and analyze it. The article looks at the Al-Werfalli case and how the Office of the Prosecutor of the ICC has developed best practices for the use of user-generated evidence, as well as presents best practices for collecting such evidence.
ACCOUNTABILITY AND UKRAINE: HURDLES TO PROSECUTING WAR CRIMES AND AGGRESSION
The article, written by Lauren Sanders, looks at the crimes committed during the Russian invasion of Ukraine and their broad documentation by open source agencies and social media, as well as the recent decision by the International Criminal Court, prompted by thirty nine state referrals of the situation, to open an investigation into war crimes and crimes against humanity committed in Ukraine. The article further considers the many hurdles that any accountability effort faces when trying to prosecute the crimes being committed.
UKRAINE’S LEGAL COUNTERATTACK
This article, written by Michael Kelly, addresses the legal claims brought forward by Ukraine before international courts, particularly focusing on the developments before the International Criminal Court and the International Court of Justice.
Russia will no longer participate in the Council of Europe: a problematic Member State who could not commit to peace
This piece, written by PILPG Senior Peace Fellow Kushtrim Istrefi and Antoine Buyse, discusses Russia’s recent announcement to withdraw from the Council of Europe. The post analyzes Russia’s membership at the Council of Europe and the impact the formal withdrawal would have on those that have suffered from human rights violation committed by Russia.
The Best Option: An Extraordinary Ukrainian Chamber for Aggression
This article, written by Kevin Jon Heller, analyzes the different accountability options that may be available for prosecuting the perpetrators of crimes in Ukraine. The author specifically highlights the option of creating an Extraordinary Ukrainian Chamber for Aggression (EUCA), supported and established by the Council of Europe. The piece looks into the benefits and opportunities for establishing such a tribunal.
The West cannot allow ‘Ukraine fatigue’ to overcome us
This article, written by Victor Rud, discusses how the crimes committed in Ukraine in the early 20th century and presently amount to genocide. The author highlights the importance of avoiding losing focus on what is happening in Ukraine.