War or peace? – International legal issues concerning the use of force in the Russia–Ukraine conflict

Hoffmann, Tamás

doi:10.1556/2052.2022.00419

Cited by 5 publications

(1 citation statement)

References 42 publications

(18 reference statements)

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“…Here, Italy allowed its airspace to be used by the belligerents' combat aircrafts. 193 On 12th March 2022, the Russian Federation made a statement that weapons sent by the Western States could become a legitimate target as the Russian army carried on its advances in Ukraine. 194 On 25th April 2022, Russia, via its ambassador to the United States, warned against sending more arms to Ukraine, stating that it was 'pouring oil on the flames. '…”

Section: Support In the Context Of Neutralitymentioning

confidence: 99%

Evaluating Arms Transfers in the Russia-Ukraine Conflict in the Light of the Arms Trade Treaty, State Responsibility, and the Law of Neutrality

Ghag,

Govande,

Shukla

2023

International and Comparative Law Review

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Summary Since the beginning of the Russia-Ukraine conflict, States worldwide have provided support, primarily through various weapon supplies to both parties. This paper analyses whether these arms transfers follow international law from three perspectives. The first perspective looks at treaties governing the trade of prohibited weapons before looking at the general trade of weapons under the Arms Trade Treaty and state obligations under its articles. The second perspective evaluates the derivative liability incurred by any State which makes such arms transfers under Article 16 of the Articles on Responsibility of States for Internationally Wrongful Acts, 2001, and how it is impacted in light of humanitarian law violations by Ukraine. The third perspective accounts for the arms transfers and support provided in the eyes of the law of neutrality.

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Section: Support In the Context Of Neutralitymentioning

confidence: 99%

Evaluating Arms Transfers in the Russia-Ukraine Conflict in the Light of the Arms Trade Treaty, State Responsibility, and the Law of Neutrality

Ghag,

Govande,

Shukla

2023

International and Comparative Law Review

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Self-Defence As Remedial Self-Determination: Continuity in Russian Narratives to Justify Imperialism and the Use of Force

Pelliconi

2024

Neth Int Law Rev

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The principle of self-determination is at the centre of the Russian Federation’s (Russia’s) ‘justifications’ for using force against Ukraine and supporting the separatist entities in its eastern provinces, as demonstrated by official statements of Russia’s representatives and the oral and written submissions to the inter-state proceedings on the application of the Genocide Convention before the International Court of Justice (Ukraine v. Russia). In particular, Russia construes self-defence as an exercise of remedial self-determination, supporting territorial separation and the creation of satellite states or their annexation by the Federation. This is in continuity with Russia’s policies and argumentations utilised in other contexts such as Crimea, Abkhazia and South Ossetia. These cases differ in their context and history but share the same remedial approach to external self-determination as a purported justification to use force. This is also in partial continuity with the tradition of Soviet approaches to self-determination. Like other states’ self-indulgent ‘exceptionalism’ in international law, Russia’s cherry-picking application of self-determination reveals its instrumental usage to camouflage imperialistic aggression and expansionistic ambitions.

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Crime of Aggression before Domestic Courts: Some Contemporary Challenges

Svaček

2023

International and Comparative Law Review

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Summary The article focuses on contemporary challenges concerning the domestic prosecution of the crime of aggression. These challenges have one common feature, that they deal with the scope of jurisdiction over crime of aggression at a domestic level. The author analyses applicability of jurisdictional immunity (based on the principle pars in parem non habet iurisdictionem), immunity of State officials, both personal (ratione personae) and material (ratione materiae), and finally also the availability of universal jurisdiction in relation to the crime of aggression. The contribution is built on the presumption that even though each category of crimes under international law has its unique characteristics, they all share some common definitional features, reflected among else in the famous Cassese’s definition of crime under international law. The author argues that all crimes under international law are to be treated uniformly as much as possible, and therefore – relatedly – there should not be any unsubstantiated differences in standing of the crime of aggression comparing to standing of remaining categories of crimes under international law.

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War or peace? – International legal issues concerning the use of force in the Russia–Ukraine conflict

Cited by 5 publications

References 42 publications

Evaluating Arms Transfers in the Russia-Ukraine Conflict in the Light of the Arms Trade Treaty, State Responsibility, and the Law of Neutrality

Evaluating Arms Transfers in the Russia-Ukraine Conflict in the Light of the Arms Trade Treaty, State Responsibility, and the Law of Neutrality

Self-Defence As Remedial Self-Determination: Continuity in Russian Narratives to Justify Imperialism and the Use of Force

Crime of Aggression before Domestic Courts: Some Contemporary Challenges

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