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Begin New Search Topic International Law Content Type Policy Brief Publication Year within 10 Years Publication Year within 3 Years

1. 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

2. Cities as global actors: Bringing governance closer to the people

Author:
Katja Creutz
Publication Date:
02-2023
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
Globalization and extensive urbanization worldwide have brought cities to the forefront of global governance in a multilateral system designed and created for states. Cities have come to exercise power due in part to the inadequacy or ineffectiveness of inter-state action, but also because their democratic nature and immediate connection to the population make them legitimate actors. Cities are also home to many problems of a global nature, such as greenhouse gas emissions, pandemics, and sustainability. This makes them uniquely situated to address these challenges. City diplomacy has become a prevalent feature in many global policy issues, ranging from climate change to development cooperation. The primary tool through which cities act is networking, with hundreds of global city networks pursuing the interests and values of their constituencies. By demanding a seat at the table where global affairs are decided upon, cities challenge and complement the state-based international order, in addition to which they stretch the basic concepts and constructs of both international relations and international law.
Topic:
Globalization, International Law, Governance, Democracy, and Cities
Political Geography:
Global Focus

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. The EU and Gaza 2023: Terrorism is fought with Counter-terrorism, not Wars against Civilians

Author:
Zafiris Tzannatos
Publication Date:
11-2023
Content Type:
Policy Brief
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
Despite several attempts for decades to reach at a political solution between Israel and Palestine, Netanyahu and his supporters offer nothing but permanent oppression while Hamas has resorted to terror. Each party refers to their rights: The right to defend versus the right to self-determination. This attitude has resulted in an escalation of tensions over time that led to a massive loss of life since October 7, 2023, when Hamas killed 1,200 Israelis and Israeli forces have so far killed 11,000 mostly civilians in Gaza. If there is a solution, it can be none other than a political one agreed between the two parties and be supported by an evenhanded approach by the international community within the confines of international law.
Topic:
International Law, European Union, Counter-terrorism, Civilians, Hamas, and October 7
Political Geography:
Europe, Middle East, Israel, Palestine, and Gaza

5. 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

6. A Framework for Action for the Responsibility to Protect: A Resource for States

Author:
Global Centre for the Responsibility to Protect
Publication Date:
07-2023
Content Type:
Policy Brief
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
The Responsibility to Protect populations from genocide, war crimes, crimes against humanity and ethnic cleansing has emerged as an important global principle since the adoption of the UN World Summit Outcome Document in 2005. Since the conception of R2P, individual states and regional organizations, the UN, civil society, and experts around the world have worked to establish what implementation of R2P and the prevention of mass atrocity crimes means in practice. The Global Centre for the Responsibility to Protect and the Asia-Pacific Centre for the Responsibility to Protect have developed a guide for states on steps to take to protect populations from atrocity crimes, at home and abroad. “A Framework for Action for the Responsibility to Protect: A Resource for States” consolidates and builds upon existing expertise from published works and best practice from states, regional organizations and the UN on how to prevent and respond to atrocity crimes. We encourage all states to utilize this framework to assess gaps and identify opportunities to address atrocity risks in their own countries, as well as to understand options available for responding to risks in their region and around the world.
Topic:
International Law, Responsibility to Protect (R2P), Atrocity Prevention, and Risk Assessment
Political Geography:
Global Focus

7. Future-proofing EU security and defence cooperation in the Indo-Pacific

Author:
Dylan Macchiarini Crosson, Stefania Benaglia, and Linus Vermeulen
Publication Date:
12-2023
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
Russia’s war against Ukraine has led policymakers to re-prioritise the European security architecture and the EU’s neighbourhood, including a positive reassessment of NATO’s role as a reliable security provider. As the transatlantic relationship and the Indo-Pacific are inherently intertwined, this once again highlights the imperative of the EU making the Indo-Pacific a strategic priority. This presents the EU with an opportunity to project its values, interests and power, though hampered at present by political infighting and the mushrooming of conflicts in and around Europe. Still, the time has come for the EU to assess how it should adjust its approach to Indo-Pacific security. How can the EU effectively strike a balance in security and defence cooperation with partners to uphold key principles of international law and order without endorsing the idea that ‘might makes right’ in the Indo-Pacific?
Topic:
Security, NATO, International Cooperation, International Law, and Defense Cooperation
Political Geography:
Europe and Indo-Pacific

8. Playing the Long Game in the South China Sea

Author:
Andrew Mantong
Publication Date:
11-2023
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
In the South China Sea (SCS), as indeed the wider Indo-Pacific, the EU is facing a deepening strategic rivalry between China and the US. In the SCS, China has been able to create physical realities in defiance of international law by constructing artificial islands in the attempt to sustain its claims to the disputed Spratly and Paracel archipelagos as well as expand its military projection deep into international waters. The US is still the predominant security player in the Indo-Pacific, but its military presence has an increasingly hard time shoring up American power in the SCS. The security dilemma between the great powers is threatening rules-based multilateralism, which runs deep in the veins of the EU and to a great extent defines its international posture.
Topic:
Security, International Cooperation, International Law, European Union, Multilateralism, and ASEAN
Political Geography:
Europe, Asia, Indo-Pacific, and South China Sea

9. 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

10. The Responsibility to Protect: A Background Briefing

Author:
Global Centre for the Responsibility to Protect
Publication Date:
01-2021
Content Type:
Policy Brief
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
The Responsibility to Protect (R2P) concept sought to confront both the Rwanda tragedy and the Kosovo dilemma by stipulating that states have an obligation to protect their citizens from mass atrocity crimes; that the international community will assist them in doing so; and that, should the state be “manifestly failing” in its obligations, the international community is obliged to act. R2P seeks to ensure that the international community never again fails to act in the face of genocide, ethnic cleansing, war crimes and crimes against humanity. By accepting a collective responsibility to protect, the international community issued a solemn pledge that it cannot lightly ignore.
Topic:
International Law, United Nations, Conflict, Responsibility to Protect (R2P), and Norms
Political Geography:
Kosovo, Rwanda, and Global Focus