Is the Morale and Will of the People a Lawful Target Under International Humanitarian Law?

written by Sindija Beta and Dr. Greg Noone from PILPG and Eric Leikin, Sue Ng, Sofia Svinkovskaya and Nataliia Kichuk from Freshfields Bruckhaus Deringer, and published by the Ukrainian Center for Civil Liberties

This post explains how the Russian Federation’s attacks on civilians and civilian objects in Ukraine contravene established rules and principles of modern International Humanitarian Law.

Re-allocation of Land in Occupied Territories

written by Sindija Beta and Dr. Greg Noone in collaboration with attorneys from our law firm partners at Orrick, Herrington, and Sutcliffe and published by the Ukrainian Center for Civil Liberties

The Russian Federation has been transferring land in the Occupied Territories in Ukraine to Russian military veterans. This piece explains the illegality of the Russian ‘annexation’ of Crimea,  examines the illegality of land transfer on occupied territory, and explores the possible consequences of such actions.

Conceptualizing IHL: Denial of Quarter

written by Sindija Beta and Dr. Greg Noone with collaboration from attorneys from our law firm partners Milbank LLP, and published by the Ukrainian Center for Civil Liberties

This piece explains the concept of “Quarter”, codified under international law, which is the obligation to spare the life of a combatant who is no longer in the fight either due to injury, illness, or surrender. This article places this concept in the context of the Russian war in Ukraine. 

The Prohibition Against Torture and its Pragmatic Effects

written by Sindija Beta and Dr. Greg Noone and published by the Ukrainian Center for Civil Liberties

This blog post looks at the horrific crime of torture that is being committed by Russia in its war in Ukraine and explains the pragmatic reasoning for its prohibition and its legal application to Russia’s use of torture.

Lex specialis derogat generali: simultaneous (complementary) applicability of International Humanitarian Law and Human Rights

written by Sindija Beta and Dr. Greg Noone and published by the Ukrainian Center for Civil Liberties

This post explains how International Human Rights Law and International Humanitarian Law interact and how they compete, in order to better understand the legal implications of unfolding events, but also to anticipate the shape that justice will take in the wake of the conflict in Ukraine.

The United States’ Proposal on Prosecuting Russians for the Crime of Aggression Against Ukraine is a Step in the Right Direction

written by Dr. Yvonne Dutton, Michael Scharf, Professor Milena Sterio, and Dr. Paul R. Williams and published by Just Security.

This article examines the significance of the recent U.S. proposal to create an internationalized-domestic tribunal to prosecute Russia for the crime of aggression in Ukraine and offers the legal basis for the legitimacy of such a court.

The Controversy around Nuclear Weapons

written by PILPG in collaboration with attorneys, Charline Yim and Marryum Kahloon and published by the Ukrainian Center for Civil Liberties.

Part I explains that the United States has strategic interests in contributing to the ICC Trust Fund for Victims to support victims in Ukraine, and victims throughout the world who are suffering the effects of mass atrocities. written by Dr. Paul R. Williams, Alexandra Koch, and Lilian Waldock

Part II outlines the provisions of the ASPA and explains the Dodd Amendment to that Act, which creates exceptions to the ASPA’s prohibitions on engagement with the ICC. Part II also addresses the explicit carve-out for victims’ assistance to Ukraine incorporated in the newly-passed War Crimes Accountability provision. written by Floriane Lavaud, Ashika Singh, Isabelle Glimcher

Part III examines the Office of Legal Counsel’s (OLC) interpretation of the ASPA and the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, FY 2000-2001. Part III explains the areas of permissible engagement with the ICC identified by OLC. written by Floriane Lavaud, Ashika Singh, Isabelle Glimcher

Part IV explains that even without the War Crimes Accountability provision, the United States is allowed to contribute to the Trust Fund for Victims, because it is separate from the ICC. Part IV details the basis for this distinction between the Trust Fund for Victims and the Court and it sets out the reasons why the United States (and others) should support the Trust Fund, and the victims it serves. written by Dr. Yvonne Dutton & Professor Milena Sterio

Conceptualizing International Humanitarian Law (IHL): Levée en Masse & Perfidy

Published by Nobel Peace Prize Winner the Ukrainian Center for Civil Liberties, and written in collaboration with our law firm partner Weil, Gotshal & Manges LLP.

This piece examines two international humanitarian law concepts, perfidy (war crimes) and levee en masse (when civilians are granted ‘combatant’ status when they take up arms against invaders of their home state), specifically exploring how the concepts can be applied in the context of Ukraine.

The Controversy Around Chemical Warfare, Chemical Weapons and Their Prohibition

published by the Ukrainian Center for Civil Liberties.

This piece explores the controversy around chemical warfare, chemical weapons and their prohibition, specifically in the context of the conflict in Ukraine. 

The Illegality of Conscription of Crimean Tatars, and Other Ukrainian Civilians, into the Russian Army in Occupied Territories

published by the Ukrainian Center for Civil Liberties.

This article was written in collaboration with PILPG’s law firm partner Morrison & Foerster LLP, and examines the illegality of conscription of Crimean Tatars and other Ukrainian civilians, into the Russian army in occupied territories.

Ukraine on The Way to The European Union – German Foreign Policy Perspective

written by Zorica Maric Djordjevic, Dr. Lina H. Alami, Marvin Noussayaba Ambi Aideyan and published by the Ukrainian Center for Civil Liberties.

This article written in collaboration with Orrick Herrington & Sutcliffe and makes the case for Ukraine’s accession to the European Union.

High War Crimes Court of Ukraine for Atrocity Crimes in Ukraine

written by Dr. Yvonne Dutton, Michael Scharf, Professor Milena Sterio, and Dr. Paul R. Williams and published by OpinioJuris.

This blog post discusses a proposal for the establishment of a High War Crimes Court in Ukraine. To facilitate fair and effective accountability for the atrocity crimes committed in Ukraine, PILPG, together with Weil, Gotshal & Manges LLP and jurists and legal experts from Ukraine, prepared draft legislation for a High War Crimes Court for Ukraine to prosecute atrocity crimes. Drawn from the Law on the High Anti-Corruption Court of Ukraine of 2019 and best practices of internationalized domestic war crimes courts around the globe, this draft Law provides the template for a Ukrainian High War Crimes Court to prosecute atrocity crimes committed in Ukraine since November 2013. Click here to access the full Draft Law.

The War in Ukraine and the Legitimacy of the International Criminal Court

written by Dr. Yvonne Dutton and Professor Milena Sterio and published by Just Security.