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Begin New Search Topic International Law Political Geography Russia Content Type Policy Brief

1. Judging Putin

Author:
Arnaud De Nanteuil
Publication Date:
04-2023
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
The publication of an international arrest warrant against Vladimir Putin on 17 March 2023 by the Second Pre-Trial Chamber of the International Criminal Court (ICC) has caused a stir. Although the institution is far from immune from criticism (it has long been accused of being "strong with the weak and weak with the strong"), this is a major change in the Court's policy as it is the first warrant ever issued against the sitting leader of a permanent member of the UN Security Council; a member who, moreover, in a chilling irony of history, played a key role in the Nuremberg Trial. In some respects, this is a gamble, given the many obstacles that stand between this historic event and a possible conviction of Vladimir Putin. But this arrest warrant is also a way to put the ICC back in the centre of the game, even though until now it seems to have been largely denied the possibility of judging the main perpetrator of the war of aggression against Ukraine and its disastrous humanitarian consequences.
Topic:
International Law, War Crimes, International Criminal Court (ICC), Vladimir Putin, and Russia-Ukraine War
Political Geography:
Russia, Europe, and Ukraine

2. Pursuing justice for international crimes in Ukraine: A patchwork of multi-level and long-running efforts

Author:
Katja Creutz
Publication Date:
06-2023
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
The Russian aggression against Ukraine has triggered debates and initiatives on how to address crimes under international law committed in and against Ukraine, including war crimes and the crime of aggression. A single institution capable of dealing with all international crimes is nonetheless lacking. Tens of thousands of alleged war crimes have been reported and documented, part of which the Ukrainian courts themselves are handling. The massive caseload requires international assistance, in addition to which the ICC is also investigating alleged war crimes. The international community is divided in regard to the investigation and prosecution of the crime of aggression. As the ICC lacks jurisdiction with respect to this crime in this particular situation, European states are advancing a special ad hoc tribunal. Nonetheless, the majority of countries globally, particularly in the Global South, find it hard to support the initiative. The discussion on the best way to proceed with regard to addressing the crime of aggression committed by Russia is ongoing. Many problematic issues are being debated, ranging from political desirability to the issue of head of state immunities.
Topic:
Human Rights, International Law, United Nations, War Crimes, and Russia-Ukraine War
Political Geography:
Russia, Ukraine, and Eastern Europe

3. The EU’s Magnitsky Act Obsolete in the Face of Russia’s Crimes in Ukraine?

Author:
Steven Blockmans
Publication Date:
05-2023
Content Type:
Policy Brief
Institution:
International Centre for Defence and Security - ICDS
Abstract:
Despite the mounting evidence of the most serious of human rights violations being conducted by Russian forces on Ukrainian soil, the EU has chosen not to use its new Magnitsky Act to blacklist the perpetrators and their commanders. Instead, the EU has preferred to respond to Russia’s ‘dumb’ bombs with increasingly ‘dumb’ sanctions. This Brief explains why, after decades of work to smarten up its restrictive measures, the politicisation of human rights sanctions and the high threshold of evidentiary standards make it very hard for the Council to rely on evidence gathered from transition countries where the justice sector is still vulnerable to widespread corruption and political cronyism.
Topic:
Human Rights, International Law, European Union, and Russia-Ukraine War
Political Geography:
Russia, Europe, and Ukraine

4. Russia, Ukraine and international Law

Author:
Robert Schuman Foundation (RSF)
Publication Date:
02-2022
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
Russian actions in Ukraine since 2014, and the tensions to which they have led, obscure the legal aspects of these attacks thereby opening the way to propaganda and approximations. To contribute to a better understanding of what is at stake, this contribution is limited to the legal aspects of an otherwise eminently political issue. This in fact heralds a spectacular break in the international order and a violation of commitments and treaties signed by a member of the Security Council of the United Nations that have not been witnessed since the Second World War[1].For a long time, Russian diplomacy was attached to the strict and formal respect of the rules of international law, sometimes "clinging" to them in a bid to resist the demands made by the different populations. Even during the succession of the USSR, this constant was respected. However, the actions in Crimea and Donbass since 2014 have marked the abandonment of this formalism, while the Kremlin's diplomacy is promoting the need to conclude new treaties with the United States and European states so that Russia can endorse its claims.
Topic:
International Law, Conflict, Norms, Annexation, and Disputes
Political Geography:
Russia, Europe, and Ukraine

5. U.S.-Russian Arms Control At Risk: An Assessment and Path Forward

Author:
Maggie Tennis
Publication Date:
01-2018
Content Type:
Policy Brief
Institution:
Arms Control Association
Abstract:
In March 2017, Gen. Paul Selva, the Vice Chairman of the Joint Chiefs of Staff, told the House Armed Services Committee (HASC) that Russia had deployed a ground-launched cruise missile (GLCM) violating the “spirit and intent” of the 1987 Intermediate Nuclear Forces (INF) Treaty. Selva warned the committee that Russia is “modernizing its strategic nuclear triad and developing new nonstrategic nuclear weapons.” His testimony illustrates the new normal of U.S.-Russian relations, wherein historic nuclear cooperation is profoundly at risk. Russia’s alleged INF Treaty violation has soured already strained relations between the world’s largest nuclear powers. Yet, the United States and Russia continue to share a common interest in ensuring nuclear stability worldwide. Together, the countries possess over 90 percent of the planet’s roughly 15,000 nuclear weapons. This power carries a responsibility to rejuvenate cooperative initiatives that reduce nuclear risks dating back to the depths of the Cold War. To effectively evaluate the opportunities and challenges involved in that objective, U.S. policymakers must understand Russia’s current nuclear force policy and strategy. This policy paper examines Moscow’s nuclear doctrine, capabilities and modernization efforts, the status of U.S.-Russian arms control treaties, and the primary obstacles to cooperation. It concludes by offering a set of recommendations for both mitigating threats to strategic stability and resuming a productive U.S.-Russian arms control dialogue.
Topic:
Arms Control and Proliferation, Cold War, International Law, Nuclear Weapons, Military Affairs, Nuclear Power, and INF Treaty
Political Geography:
Russia and United States

6. Nordstream 2: Too Many Obstacles, Legal, Economic, and Political to be Delivered?

Author:
Alan Riley
Publication Date:
11-2015
Content Type:
Policy Brief
Institution:
Atlantic Council
Abstract:
Germany may be seeking to expedite the construction of Russia's Nordstream 2 pipeline by shielding the controversial project from tough the laws of the European Union (EU), according to a transcript of talks between Russian President Vladimir Putin and German Energy Minster Sigmar Gabriel, Atlantic Council Senior Fellow Alan Riley writes in "Nordstream 2: Too Many Obstacles, Legal, Economic, and Political to Be Delivered?".
Topic:
Energy Policy, International Law, International Trade and Finance, Natural Resources, and European Union
Political Geography:
Russia and Europe

7. Cyber technology at war: Challenges to international regulations

Author:
Kenneth B. Moss
Publication Date:
05-2014
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
Cyber technology could change not only the conduct of war itself; it could alter the way governments and others initiate hostilities and war. Existing international laws need to be reviewed to make sure they address the capabilities and accountability of cyber operations in conflict and war, and the participation of China, Russia and other states in negotiations is critical.
Topic:
International Law and Science and Technology
Political Geography:
Russia and China

8. Disarming Syria

Author:
Jean Pascal Zanders
Publication Date:
09-2013
Content Type:
Policy Brief
Institution:
European Union Institute for Security Studies
Abstract:
Since the chemical weapons (CW) attacks on the Ghouta district just outside Damascus on 21 August, political developments have taken several unexpected twists leading Syria to become the 190th party to the Chemical Weapons Convention (CWC). Russia and the United States reached agreement on a framework for the dismantlement of Syria's chemical warfare capacity, in which the Organisation for the Prohibition of Chemical Weapons (OPCW) as well as the United Nations will play central roles. Western threats of military force – although they undeniably contributed to Syria's acceptance of the deal – have receded for the time being. And while the deferral of international justice regarding the Ghouta strikes will frustrate many parties, the emphasis on disarmament may actually open up the prospect of a negotiated end to the conflict.
Topic:
Arms Control and Proliferation, International Law, and Weapons of Mass Destruction
Political Geography:
Russia, United States, Middle East, Arabia, and Syria

9. Moment of Truth: Call to action ahead of Syria peace talks, and beyond

Author:
Daniel Gorevan
Publication Date:
10-2013
Content Type:
Policy Brief
Institution:
Oxfam Publishing
Abstract:
The world was rightly appalled by the use of chemical weapons in Damascus on 21 August 2013. If the recent diplomatic initiatives by the USA and Russia mean that these weapons are never again used, it would be a great achievement. But it won't be enough.
Topic:
Foreign Policy, Crime, Human Rights, International Law, and Weapons of Mass Destruction
Political Geography:
Geneva, Russia, Middle East, Arabia, and Syria

10. The Georgia-Russia Crisis and the Responsibility to Protect

Author:
Global Centre for the Responsibility to Protect
Publication Date:
08-2008
Content Type:
Policy Brief
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
This policy brief addresses the Georgia-Russia crisis within the Responsibility to Protect framework. Highlighting that the protection of civilian populations in South Ossetia and elsewhere in the region remains an urgent concern.
Topic:
International Law, Conflict, Civilians, and Responsibility to Protect (R2P)
Political Geography:
Russia, Eurasia, Georgia, and South Ossetia