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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. Climate Protection Litigation on the Rise

Author:
Szymon Zaręba
Publication Date:
02-2023
Content Type:
Working Paper
Institution:
The Polish Institute of International Affairs
Abstract:
In the last several years, national courts and international institutions have increasingly begun to treat conservative or climate-adverse actions by states as violations of their obligations under international law and human rights. This has been followed by some countries more affected by climate change and engaged in international bodies to put more pressure on Global North states to protect the climate. The sympathetic attitude of international courts towards such complaints may, in the long term, force the need for increased climate ambition or even compensation payments by, among others, Poland.
Topic:
Climate Change, Human Rights, International Law, Courts, and Litigation
Political Geography:
Europe, Poland, and 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. 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

6. 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

7. Israeli Apartheid and the West’s Dwindling Moral Credibility

Author:
Andrea Dessì
Publication Date:
02-2022
Content Type:
Commentary and Analysis
Institution:
Istituto Affari Internazionali
Abstract:
Amidst spiralling tensions on the European continent, East-West animosities have returned to dominate daily news cycles. Predictably, this has revived rhetoric on competing political systems and norms, giving rise to a flurry of reporting contrasting Western democracy’s support for the “rules-based international order” vs an informal “alliance of autocracies” led by Russia and China which embrace military might or economic and political blackmail in “a bid to make the world safe for dictatorship”, as recently opinionated the Washington Post.
Topic:
Foreign Policy, Apartheid, Human Rights, International Law, and European Union
Political Geography:
Europe, Middle East, Israel, Palestine, United States of America, and Mediterranean

8. 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

9. Extradition in the Criminal Procedural Legislation of Ukraine:" Compliance With The European Standards

Author:
Victoriia Rohalska, Oksana Bronevytska, and Gediminas Buciunas
Publication Date:
02-2022
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The importance of legal regulation of extradition in the system of legal aid in criminal proceedings is determined both by the national interests of states and the interests of international cooperation in combating transnational and international crimes. The objective of this paper was to get the answer to the main question of this research - Did the provisions of the law on extradition in Ukraine meet international standards? A set of general and special scientific, and philosophical methods of scientific research were used while preparing this article, to clarify the approaches to the extradition procedure of different countries and in practice. The results of the research suggested that the current criminal procedure legislation of Ukraine in the sphere of extradition generally meets European standards. Although, there are some gaps in the national legal regulation of extradition that may adversely affect the observance of the rights and freedoms of persons to whom it is applied.
Topic:
Human Rights, International Cooperation, International Law, European Union, and Extradition
Political Geography:
Europe and Ukraine

10. Recent UN Votes on Ukraine: What Needs to be Done to Maintain International Unity (Part I)

Author:
Sarah Cliffe, Faiza Shaheen, Leah Zamore, Karina Gerlach, and Nendirmwa Noel
Publication Date:
04-2022
Content Type:
Working Paper
Institution:
Center on International Cooperation
Abstract:
Horrific images of the loss of life and humanitarian suffering in Ukraine continue to come to light, including significant evidence of large-scale human rights abuses. As the war in Ukraine looks likely to enter a period of rearming, redeployment and renewed attacks in the East, maintaining international pressure for a negotiated peace agreement that maintains territorial integrity and upholds international law will be crucial.
Topic:
International Law, Multilateralism, Humanitarian Crisis, and Russia-Ukraine War
Political Geography:
Europe and Ukraine