March 21, 2023

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5 questions about the legal implications of the Russian war on Ukraine

5 questions about the legal implications of the Russian war on Ukraine

The court said in a statement Russia Preparing in anticipation of an order securing an emergency message, interim action or immediate action UkraineAs requested.

An international tribunal is a United Nations body for resolving issues between states.

A lawsuit filed by a Ukrainian man on Sunday alleges that Russia’s claim that it invaded Ukraine to prevent genocide was false.

Said the President of Ukraine Volodymyr ZhelenskyOn Sunday, he filed a lawsuit in court over allegations of genocide brought to Moscow.

At the March 7 and 8 sessions, the judges will not talk about jurisdiction or the merits of the case, but only if the matter is very urgent and they should order immediate action in the interests of justice. The case can be fully considered.

No decision has been made on the decision.

Here are five key questions and answers about Russia, Ukraine and international law:

Did Russia violate international law?

Yes. Agencies France says Russia has violated Article 2 (4) of the United Nations Charter, which prohibits the use of force internationally. – Press.

Philip Sands, a UK-based international law professor, added, “Application Russian military power This is not unusual. “

“One of the differences then and today is that there are rules to protect us from such acts, which are reflected in the UN Charter, which is very close to the international constitution,” Sands wrote in the Financial Times.

He further added that “Mr. Putin has torn down the most important obligations of the Constitution.”

– Which courts can hear cases related to Ukraine?

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Ukraine has filed a complaint with the International Court of Justice, which will certainly hear arguments over jurisdiction, Gordon said.

National courts can also hear cases related to violations of international law, he said.

Russia could be prosecuted in the European Court of Human Rights for human rights violations.

The International Criminal Court has the power to investigate war crimes committed by individuals Ukrainian lands.

Ukraine is not a member of the court, but agreed in 2014 to the jurisdiction of the court.

However, Russia withdrew from the ICC, so the court can only access Russian citizens if they are arrested in the territory of a country that recognizes the jurisdiction of the court.

Can individuals be held accountable?

Yes. Judge International Criminal Court Individuals convicted of the worst crimes, including genocide, war crimes and crimes against humanity.

Individuals can be tried in national courts.

However, the ICC cannot investigate the crime of aggression, even a state attack planned by a political or military leader, and neither Russia nor Ukraine would have done so if that state court had not ratified the Rome law.

But Sands recommended the creation of a special international criminal tribunal to investigate Russia’s aggression against Ukraine.

– What happens next?

You decide first International Court of Justice The hack-based considers the differences between states and whether there is a jurisdiction to hear the content of the case.

“In the next two weeks we will look into the investigations, see a decision in two weeks’ time, or see a quick deadline based on the current urgency,” said Cecilie Rose, associate professor of international law at Leiden University.

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At the ICC, if the judges agree on the jurisdiction and evidence of the court, the trial will lead to the release of attorney Khan’s indictments and hearings.

But if a member country takes the case to court, it can expedite the ICC proceedings by eliminating the need to seek the consent of the judges.

– What is the effect?

Experts agree that the answer is difficult.

Gordon said the International Court of Justice, whose decisions are final and not subject to appeal, “does not have a classic enforcement mechanism to make its judgments effective.”

Similarly, International Criminal Court It does not have its own police force and relies on member states to make arrests.

“On the other hand, we see a number of integrated mechanisms being mobilized with the aim of punishing Russia for launching an illegal war,” Gordon said.

These include sanctions, travel restrictions and the cancellation of sporting events.

Gordon said, “The decision of the International Court of Justice may play a role in any such action in the future, in the context of specific legal arguments or general arguments about legitimacy.”