An overview of the latest legal developments and sources related to the Russian invasion of Ukraine.
General Information
- Ukraine Crisis: Research Briefing House of Commons Library, 1 March 2022
- Russia’s War on Ukraine Verfassungsblog ongoing legal coverage and debate
- Articles of War Lieber Institute for Law & Warfare at West Point
- War in Ukraine Financial Times
Role of International Law
- Moisés Montiel Article 103 to the Rescue: A Few Thoughts on the Legality of Russian Claims Under the Genocide Convention, Jus Cogens Duties and Preventive Self-defense Opinio Juris, 10 March 2022
- Nikolas M. Rajkovic Dead Right: Welcome to the Rule of Guns and Lawyers Opinio Juris, 10 March 2022
- Elvira Domínguez-Redondo Russian misuse of international law is final nail in coffin of post WW2 order MDX Uni Research, 9 March 2022
- Vivek Bhatt A Visible College: Public Engagement with International Law(yers) During the Ukraine Invasion Opinio Juris, 8 March 2022Victoria Kerr De-bunking the Role of International Law in the Ukrainian Conflict Opinio Juris, 8 March 2022
- Sergey Sayapin Thou Shalt Not Distort the Language of International Law Opinio Juris, 7 March 2022
- Hiruni Alwishewa Revisiting Crimea and the Utility of International Law Opinio Juris, 8 March, 2022
- Marco Roscini Russia Has Not Breached the Jus Contra Bellum in 2022; It Did in 2014 Völkerrechtsblog, 7 March 2022
- Alonso Gurmendi, Tracking State Reactions to Russia’s Invasion of Ukraine: A Resource for Research Opinio Juris, 4 March 2022
- Russia’s Illegal Invasion of Ukraine & the Role of International Law Articles of War, 4 March 2002
- Fleur Johns, Anastasiya Kotova Ukraine: Don’t write off the international order – read and rewrite it The Interpreter, 4 March 2022
- Aldo Zammit Borda Ukraine war: what is the Budapest Memorandum and why has Russia’s invasion torn it up? The Conversation, 2 March 2022
- John B. Bellinger III How Russia’s Invasion of Ukraine Violates International Law Council on Foreign Relations, 28 February 2022
- Philippe Sands Putin’s use of military force is a crime of aggression Financial Times, 28 February 2022
- Juliette McIntyre, Douglas Guilfoyle, Tamsin Phillipa Paige Is international law powerless against Russian aggression in Ukraine? No, but it’s complicated The Conversation 25 February 2022
- Oona Hathaway and Scott Shapiro Putin Can’t Destroy the International Order by Himself Just Security, 24 February 2022
International Courts and Tribunals
- Bernd Riegert International courts to investigate Russia’s Ukraine invasion DW.com 7 March 2022
- Giulia Pecorella Ukraine and Russia before international courts – recent developments International Law Blog, 2 March 2022
- Andres Sarmiento Lamus and Walter Arévalo Ramírez Non-appearance before the International Court of Justice and the Role and Function of Judges ad hoc The Law & Practice of International Courts and Tribunals (2017)
International Court of Justice
- Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation)
- Document (with annexes) from the Russian Federation setting out its position regarding the alleged “lack of jurisdiction” of the Court in the case 7 March 2022
- LIVE STREAM Public hearings in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v Russia) on 7 and 8 March
- Application instituting proceedings 27 February 2022
- Request for the indication of provisional measures 27 February 2022
Commentary
- William Schabas Preventing Genocide and the Ukraine/Russia case EJIL:Talk!, 10 March 10, 2022
- Matina Papadaki Complex Disputes and Narrow Compromissory Clauses: Ukraine’s Institution of Proceedings against Russia EJIL:Talk!, 7 March 2022
- Talita de Souza Dias 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 EJIL:Talk!, 4 March 2022
- Marko Milanovic Ukraine Files ICJ Claim against Russia EJIL:Talk!, 27 February 2022
International Criminal Court
- Statement of ICC Prosecutor, Karim A.A. Khan QC, on the Situation in Ukraine: Receipt of Referrals from 39 States Parties and the Opening of an Investigation 2 March 2022
- ICC Presidency assigns the Situation in Ukraine to Pre-Trial Chamber II ICC Press Release, 2 March 2022
- Statement of ICC Prosecutor, Karim A.A. Khan QC, on the Situation in Ukraine: “I have decided to proceed with opening an investigation” 28 February 2022
Commentary
- The Int’l Criminal Court’s Ukraine Investigation: A Test Case for User-Generated Evidence Just Security, 2 March 2022
- Ben Saul Civilians are being killed in Ukraine. So, why is investigating war crimes so difficult? The Conversation, 2 March 2022
- Caleb Wheeler Ukraine: ICC launches war crimes investigation – here’s how it will work The Conversation, 1 March 2022
- ICC prosecutor to investigate possible war crimes in Ukraine The Guardian 28 February 2022
International Organizations
United Nations
- Larry D. Johnson United Nations Response Options to Russia’s Aggression: Opportunities and Rabbit Holes Just Security 1 March 2022
- Rebecca Barber Could Russia be Suspended from the United Nations? EJIL:Talk! 1 March 2022
United Nations Security Council
- Tamsin Phillipa Paige Uniting for Peace Passing the Baton on the Ukraine Invasion from the Security Council to the General Assembly Völkerrechtsblog, 3 March 2022
- Jennifer Trahan Aggression and the Veto Opinio Juris 28 February 2022
- UNSC Resolution 2623 (2022) 27 February 2022
- Russia blocks Security Council action on Ukraine UN News 26 February 2022
- Address by the President of the Russian Federation 24 February 2022
United Nations General Assembly
- General Assembly resolution demands end to Russian offensive in Ukraine UN News, 2 March 2022
- As Russian Federation’s Invasion of Ukraine Creates New Global Era, Member States Must Take Sides, Choose between Peace, Aggression, General Assembly Hears UN News, 1 March 2022
Human Rights Council
- Resolution adopted by the Human Rights Council on 4 March 2022, 49/1. Situation of human rights in Ukraine stemming from the Russian
aggression 7 March 2022 - Human Rights Council establishes an Independent International Commission of Inquiry to investigate all alleged violations of human rights in the context of the Russian Federation’s aggression against Ukraine 4 March 2022
United Nations Experts
- Ukraine: Protection and participation of women is essential, say UN human rights experts 4 March 2022
- UN experts call for end to Russian aggression against Ukraine and urgent protection of human rights 28 February 2022
Council of Europe
- Kushtrim Istrefi Russia will no longer participate in the Council of Europe: a problematic member State who could not commit to peace ECHR Blog, 10 March 2022
- Ukraine’s derogations under Article 15 ECHR 2 March 2022
- Council of Europe suspends Russia’s rights of representation Council of Europe, 25 February 2022
- Decree of the President of Ukraine Announcing State of Emergency
European Court of Human Rights
- Decision of the Court on requests for interim measures in individual applications concerning Russian military operations on Ukrainian territory 4 March 2022
- Measures applied in respect of cases in which Ukraine is a respondent or an applicant Government following the military attack of February 2022 European Court of Human Rights, Press Release, 2 March 2022
- The European Court grants urgent interim measures in application concerning Russian military operations on Ukrainian territory European Court of Human Rights, Press Release, 1 March 2022
Commentary
- Eliav Lieblich Not Far Enough: The European Court of Human Rights’ Interim Measures on Ukraine Just Security 7 March 2022
- Mariana Ferolla There and Back Again: Ukraine vs. Russia at the European Court of Human Rights and Interim Measures International Law Agendas, 5 March 2022
- 1 March 2022
European Union
COUNCIL IMPLEMENTING DECISION establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and having the effect of introducing temporary protection Council decision triggering the Temporary Protection Directive, 4 March 2022
European Parliament
EU Restrictive Measures
- EU restrictive measures in response to the crisis in Ukraine
- List of Restrictive Measures (Official Journal)
- Russia’s military aggression against Ukraine: EU bans certain Russian banks from SWIFT system and introduces further restrictions 2 March 2022
- EU adopts new set of measures to respond to Russia’s military aggression against Ukraine 28 February 2022
Commentary
- Dimitry Vladimirovich Kochenov Sanctions for Abramovich, but Schröder Goes Scot-FreemLinking Sanctions, Citizenship, the Rule of Law and the Values of the European Union Verfassungsblog 11 March 2022
- Miguel Mota Delgado Can EU citizens like Roman Abramovich be sanctioned? EUIdeas, 9 March, 2022
Ukrainian Accession to EU
- Joshua C. Fjelstul Ukraine wants a fast pass to E.U. membership. It’s not that easy Washington Post – Monkey Cage, 9 March 2022
- Jorge Liboreiro & Aida Sanchez Alonso, Ukraine is pushing for EU membership. But what are the real chances? Euronews, 2 March 2022
International Law Issues
International Organizations
- Russia suspended from Council of the Baltic Sea States
- OSCE: Latest news, statements and reports on the escalation of hostilities in Ukraine Organization of the Security and Co-operation in Europe
- Relations with Ukraine, North Atlantic Treaty Organization, 25 February 2022
Sanctions and Countermeasures
- Carmen Pérez, Ahead of the game? Sporting sanctions against Russia following the invasion of Ukraine EJIL:Talk!, 9 March, 2022
- Björnstjern Baade The EU’s “Ban” of RT and Sputnik Verfassungsblog 8 March 2022
- Scott R. Anderson, Damon L. Burman, Austin Fraley, Bryce Klehm, Eden Lapidor, Emma Svoboda What Sanctions Has the World Put on Russia? Lawfare 4 March 2022
- Richard L. Kilpatrick, Jr. Blocking SWIFT in Russia Opinio Juris, 4 March 2022
- Kai Ambos Will a state supplying weapons to Ukraine become a party to the conflict and thus be exposed to countermeasures? EJIL:Talk!, 2 March 2022
- Alexandra Hofer Unilateral and Extraterritorial Sanctions Symposium: Here We Go Again, Russian Aggression and Western Sanctions Opinio Juris, 28 February 2022
- Latest Sanctions News Sanctions: Law, Practice and Guidance
Law of Armed Conflict/International Criminal Law
- Ukraine: Amid mounting human cost, parties must uphold international humanitarian law International Committee of the Red Cross, 4 March 2022
Commentary
- Brigit Toebes Attacks on healthcare facilities in Ukraine constitute violations of international law – they must stop Global Health Law Blog 10 March 2022
- Russell Buchan and Nicholas Tsagourias Ukranian ‘IT Army’: A Cyber Levée en Masse or Civilians Directly Participating in Hostilities? EJIL:Talk! 9 March , 2022
- Markus Krajewski Neither Neutral nor Party to the Conflict? On the Legal Assessment of Arms Supplies to Ukraine Völkerrechtsblog, 9 March 2022
- Ilya Nuzov Mercenary or Combatant? Ukraine’s International Legion of Territorial Defense under International Humanitarian Law EJIL:Talk! 8 March, 2022
- Saeed Bagheri Treatment of Persons Hors de Combat in the Russo-Ukrainian EJIL:Talk! 7 March , 2022
- Michael N. Schmitt Providing Arms to Ukraine: Neutrality, Co-Belligerency, and the Use of Force Articles of War, 7 March, 2022
- André de Hoogh The Elephant in the Room: Invoking and Exercising the Right of Collective Self-Defence in Support of Ukraine against Russian Aggression Opinio Juris 7 March 2022
- Anne Dienelt How Are Nuclear Power Plants Protected by Law During War? Völkerrechtsblog, 7 March 2022
- On War 5 March 2022
- Michelle Coleman Too Soon to Say: International Criminal Law’s Role in the Conflict in Ukraine International Center for Law and Religion Studies Blog, 2 March 2022
- Emily Crawford Armed Ukrainian Citizens: Direct Participation in Hostilities, Levée en Masse, or Something Else? EJIL:Talk!, 1 March 2022
Crime of Aggression
- Tom Dannenbaum Mechanisms for Criminal Prosecution of Russia’s Aggression Against Ukraine Just Security 10 March 2022
- Kevin Jon Heller Creating a Special Tribunal for Aggression Against Ukraine Is a Bad Idea Opinio Juris, 7 March 2022
- Sergey Vasiliev Aggression against Ukraine: Avenues for Accountability for Core Crimes EJIL:Talk!, 3 March 2022
- Elisabeth Baier The Sadly Neglected Crime of Aggression Völkerrechtsblog, 3 March 2022
- Statement Calling for the Creation of a Special Tribunal for the Punishment of the Crime of Aggression Against Ukraine
Human Rights Law
- Tara Van Ho, Rachel López and Evelyne Schmid Deprioritizing Human Rights Will Not Protect Territorial Sovereignty Just Security 8 March 2022
- Russia, Ukraine & International Law: On Occupation, Armed Conflict and Human Rights: Questions and Answers Human Rights Watch, 23 February 2022
Recognition/non-recognition
- Marc Weller Russia’s Recognition of the ‘Separatist Republics’ in Ukraine was Manifestly Unlawful EJIL:Talk!, 9 March, 2022
- Pavle Kilibarda Was Russia’s Recognition of the Separatist Republics in Ukraine ‘Manifestly’ Unlawful? EJIL:Talk!, 1 March 2022
- Julia Miklasová Russia’s Recognition of the DPR and LPR as Illegal Acts under International Law Völkerrechtsblog, 24 February 2022
- Rowan Nicholson How Russia’s recognition of breakaway parts of Ukraine breached international law – and set the stage for invasion The Conversation, 22 February 2022
Cultural Heritage
- Kristin Hausler and Berenika Drazewska How does international law protect Ukrainian cultural heritage in war? Is it protected differently than other civilian objects? British Institute of International and Comparative Law
Peacekeeping
Refugee Law
- Anastasia Tataryn The Living Nightmare in Ukraine and Europe’s Latest Refugee Crisis Border Criminologies, 7 March 2022
Trade Law
Mona Paulsen Characterizing War in a Trade Context Opinio Juris, 10 March 2022
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