News - The Geneva Academy of International Humanitarian Law and Human Rights

3 March 2024

Discover our resources and what our experts and alumni say about the situation in Ukraine, with regular updates to include new events, articles, podcasts and comments.

In Ukraine and the Netherlands v. Russia, the European Court of Human Rights (ECtHR) will have the opportunity to clarify and develop several topical points concerning the interpretation and application of the European Convention on Human Rights (ECHR) in situations of international armed conflict. The magnitude of the events from which the case stems is matched by the importance of the legal determinations that the Court is called upon to make.

The Geneva Academy has been granted leave by the ECtHR to intervene as a third party in this case – along with 26 governments – and submitted its third-party intervention on 28 April 2023.

Reflecting the salience of this case, the intervention focuses on three main subjects: (1) the extraterritorial application of the ECHR in an international armed conflict; (2) the relationship between the ECHR and international legal norms governing recourse to armed force between states (ius ad bellum); (3) the interplay between the ECHR and international humanitarian law (IHL).

This endeavour forms part of the Geneva Academy IHL Expert Pool: by participating in court proceedings such as this, and delivering rigorous and neutral advice on questions pertaining to the interplay between IHL and human rights law, this IHL Expert Pool works to enhance the legal protection afforded victims of armed conflict.

The Geneva Academy is hosting during a year Dr Nataliia Hendel, a Professor of international law at the International Humanitarian University in Odesa, Ukraine, and an expert in international humanitarian law (IHL).

Dr Hendel, who fled the conflict in Ukraine, joined the Geneva Academy as a Researcher back in September 2022 under the Programme Scholars at Risk, with funding from the Swiss National Science Foundation (SNF).

Dr Hendel will pursue her research on the protection of the environment during armed conflicts – with a focus on Ukraine – during her time at the Geneva Academy.

‘I am very grateful to the Geneva Academy for hosting me during these difficult times and for welcoming the Ukrainian experience, understanding and practice in IHL’ says Dr Nataliia Hendel.

This IHL Talk addressed some of the legal issues stemming from the current armed conflict between Ukraine and Russia. Panelists notably discussed the humanitarian impact of unilateral sanctions and challenges raised by the use of force against Ukraine, with a particular focus on the justifications provided by Russia. They also analyzed the conflict from an international humanitarian law perspective, focusing on instances of clear violations and more controversial ones.

UN Women/Aurel Obreja

Russia and Ukraine

This IHL Talk aimed at clarifying the relevant frameworks of responsibility for the crimes committed by the Wagner troops. Panelists notably addressed the following questions:

What is the status of Wagner Group members, are they PMSCs, mercenaries, or de facto members of the Russian armed forces? What legal framework governs their status?
Could the conduct of Wagner Group members be attributable to Russia or could Russia nevertheless have certain positive obligations – under international humanitarian law and international human rights law – in relation to crimes carried out by Wagner troops?
What are the avenues for holding the members of the Wagner Group criminally responsible and could the question of command responsibility of the Wagner Group leaders and Russian officials arise?

Alexander Jawfox, Unsplash

The Wagner Group: Options for Justice

Watch or re-watch our IHL Talk on accountability for the Wagner Group and its members.

Panelists notably discussed:

- The status of Wagner Group members: PMSCs, #mercenaries, or de facto members of the Russian armed forces and the legal framework that governs this status.

- Whether the conduct of Wagner Group members be attributable to Russia

- The avenues for holding the members of the Wagner Group criminally responsible and whether the question of command responsibility of the Wagner Group leaders and Russian officials arises.

This IHL Talk discussed nuclear weapons, their humanitarian impact, the impact of technological advancements, the relevance of the deterrence narrative and implications on the international legal framework.

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Changing the Rules of the (Nuclear) Game: Voices from the Humanitarian, Technological, Strategic and Legal Fields

In this IHL Talk on nuclear weapons and their place in the contemporary world, panelists discussed the humanitarian impact, the impact of technological advancements, the ongoing relevance of the deterrence narrative and the implications on the international legal framework, including the scope for international norms to circumscribe and govern technological and strategic dynamics.

The Russian invasion of Ukraine has triggered heated debate on whether the international community should strive for the establishment of a 'Special Tribunal for Aggression'.

This IHL Talk explored various issues related to the potential establishment of a 'Special Tribunal for Aggression' and will discuss whether such a special tribunal is the best or at least the most appropriate option to make sure that the crime of aggression does not go unpunished.

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Special Tribunal for Aggression: Worth the Risk(s)?

The Russian invasion of Ukraine has triggered heated debate on whether the international community should strive for the establishment of a 'Special Tribunal for Aggression'. Panelists explores various legal issues related to the potential establishment of such a tribunal and discussed whether such a special tribunal is the best or at least the most appropriate option to make sure that the crime of aggression does not go unpunished.

The Geneva Academy is a member, via our two parent institutions, of swissuniversities, the umbrella organisation of the Swiss universities.

On 27 February 2022, swissuniversities strongly condemned Russia's intervention in Ukraine as a violation of international law.

Participation in Investigation Missions and Reports

OSCE mission to investigate violations of IHL and international human rights law in Ukraine

Professor Marco Sassòli Will Participate in an OSCE Mission to Enquire into Violations of IHL and IHRL in Ukraine: Professor Marco Sassòli has been appointed on 15 March as one of three experts on a mission to investigate violations of international humanitarian law and international human rights law in Ukraine for the Organization for Security and Co-operation in Europe (OSCE). The report was presented on 13 April 2022 by the three experts to the OSCE Permanent Council.
Geneva Academy Professor presents to OSCE Member States Report on Violations of IHL in the Armed Conflict in Ukraine: Professor Sassòli was in charge of the IHL part of the report. In that part, the mission found that, during the period under consideration, violations of IHL occurred both on the Ukrainian as well as on Russian sides. It also found that both sides have also, in many instances, respected IHL. The Russian violations are, however, more serious in nature and scale.

International Legal Working Group on Accountability for International Crimes Committed in Ukraine

Leading world lawyers join working group on accountability for international crimes committed in Ukraine: Professor Andrew Clapham participates in a legal task force on accountability for crimes committed in Ukraine created by the government of Ukraine.

Report of the Legal Review Panel on the Amnesty International Press Release Concerning Ukrainian Fighting Tactics of 4 August 2022

Professor Marco Sassòli – along with Emanuel -Chiara Gillard (University of Oxford), Kevin Jon Heller (University of Copenhagen), Eric Talbot Jensen (Brigham Young University) and Marko Milanovic (University of Reading) – was part of a legal panel of expert established by Amnesty International (AI) to review AI press release Ukraine: Ukrainian fighting tactics endanger civilians published on 4 August 2022. The panel's report represents the unanimous position of the panel members. Their findings are meant to feed into a broader independent critical incident review commissioned by AI.

Participation in Events and Conferences

Our two Researcher Fellows Dr Jonathan Andrew and Dr Nataliia Hendel participated, on behalf of the Geneva Academy, in a major summit in Lviv, Ukraine, organized by the American Society of International Law and the Ukrainian Association of International Law to mark the 75th anniversary of the Genocide Convention and of the Universal Declaration of Human Rights (December 2023).

Online Discussion: The OSCE Moscow Mechanism report on violations of International Law committed following Russia’s Invasion of Ukraine: Professors Marco Sassòli and Andrew Clapham participated in this online event organized by the International Commission of Jurists on the OSCE Moscow Mechanism report on violations of international law committed following Russia’s Invasion of Ukraine (16 May 2022).

International co-operation to address violations of international humanitarian law and international human rights law: Supplementary Human Dimension Meeting: our Director Professor Gloria Gaggioli spoke at this OSCE/ODIHR Conference on addressing violations of international humanitarian law and human rights. Her intervention (starting at 38:10) focused on the states' duty to investigate these violations under international law.

Blog Posts and Articles

Le droit contre la guerre (ius contra bellum) à l’épreuve du conflit déclenché par la Fédération de Russie contre l’Ukraine: Article from Professor Giovanni Distefano analyzing the fundamental principles governing Russian aggression against Ukraine (April 2024)

The Damp Squib of Third Party Intervention in Ukraine v. Russia: a blog post by Professor William Schabas about the 2nd February Judgement of the International Court of Justice in the case Ukraine v. Russia about allegations of genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (5 February 2024)

Le DIH en Ukraine : défis, lacunes et opportunités − réflexions à partir d’un premier rapport pour l’OSCE: an article (in French) by Professor Marco Sassòli about international humanitarian law in Ukraine (October 2023)

“Failure to Act” of Mr Putin: Liability by Omission: Our Teaching Assistant Ana Srovin Coralli discusses in this blog post written with Chiara Gabriele, Putin's failure to act and his liability by omission (10 May 2023)

The Law of Neutrality and the Russian/Ukrainian Conflict: Looking at State Practice: Professor Giulio Bartolini discusses state practice in relation to the law of neutrality in the context of the Russian/Ukrainian conflict and the provision of belligerent materials (11 April 2023)

The ICC Arrest Warrant against Vladimir Putin and the Obligation to Arrest an Incumbent Head of State: Does Immunity Mean Impunity?: Our Teaching Assistant Revaz Tkemaladze discusses the question of immunities before the International Criminal Court in light of the arrest warrant issued against Vladimir Putin (24 March 2023)

Ukraine Can Change the Future of Prosecuting Crimes of Aggression: Professor Andrew Clapham shares his views about the establishment of a special tribunal to prosecute the ongoing crime of aggression committed against Ukraine (24 February 2023).

Our Research Fellow Dr Chiara Redaelli tells us whether the referendums carried out by Russia in Luhansk, Donetsk, Zaporizhzhia and Kherson referendums will affect our RULAC classification of the armed conflicts that are currently taking place in Ukraine (10 October 2022).

Comment le gaz de TotalEnergies sert de carburant aux avions de combat russes en Ukraine: article in the newspaper Le Monde with comments by Professor Marco Sassòli (12 September 2022)
Guerre en Ukraine : intimidation et chantage autour de la centrale nucléaire de Zaporijia: article in the newspaper Le Monde with comments by Professor Marco Sassòli. (10 September 2022).
Amnesty report on Ukraine: do the rules of war apply to everyone?: article by Geneva Solutions, which discusses the latest Amnesty report on Ukraine with Professor Marco Sassòli. (9 August 2022).
Death and Dignity in Ukraine’s Armed Conflict: An Insight into the Protection of Victims’ Remains under International Law Part I: blog post co-authored by Professor Sévane Garibian and our LLM alumna Marion Vironda Dubray on how international law protects victims' remains in the current conflict in Ukraine (4 July 2022).

Death and Dignity in Ukraine’s Armed Conflict: An Insight into the Protection of Victims’ Remains under International Law Part IIth and Dignity in Ukraine’s Armed Conflict: An Insight into the Protection of Victims’ Remains under International Law Part II: blog post co-authored by Professor Sévane Garibian and our LLM alumna Marion Vironda Dubray on how international law protects victims' remains in the current conflict in Ukraine (4 July 2022).

Violations of International Humanitarian and Human Rights Law, War Crimes and Crimes Against Humanity Committed in Ukraine since 24 February 2022: Summary of the Report by a Mission of Experts under the OSCE Moscow Mechanism: article co-authored by Professor Marco Sassòli on the OSCE report to which he contributed (18 April 2022).

Ukraine Symposium – Results of a First Enquiry into Violations of International Humanitarian Law in Ukraine: Professor Marco Sassòli discusses the OSCE report to which he contributed, Ukraine Symposium – Results of a First Enquiry Into Violations of International Humanitarian Law in Ukraine (14 April 2022).

The crime of aggression as a violation of the rights of one’s own population: an article co-authored by our Research Fellow Dr Chiara Redaelli, published in the Journal on the Use of Force and International Law (5 April 2022).

La dignidad de los muertos ¿Qué suerte corren los restos de las víctimas en la guerra de Ucrania?: Op-ed by Professor Sévane Garibian in which she reflects on the instrumentalisation of victims' remains in the conflict (3 April 2022).

Pace vera? Cambiamo l’Onu: an article by our Senior Research Fellow Dr Chiara Redealli on the conflict in Ukraine, international law, and the need for a reform of the United Nations (29 March 2022).

Lorsque l’on est en guerre, que fait-on des restes des victimes?: an opinion piece by Professor Sévane Garibian on the legal and political issues surrounding the remains of the victims of the armed conflict in Ukraine (13 March 2022)

Russia Has Not Breached the Jus Contra Bellum in 2022; It Did in 2014: a blog post by our IHL Chair Professor Marco Roscini (7 March 2022)

On War: blog post by Professor Andrew Clapham in which he discusses – based on his recent book War – whether there are any legal implications behind the designation ‘war’ in this conflict and beyond (5 March 2022).

Application of IHL by and to Proxies: The “Republics” of Donetsk and Luhansk: blog post by Professor Marco Sassòli in which he discusses the application of international humanitarian law by and to proxies: the ‘republics’ of Donetsk and Luhansk (3 March 2022).

Was Russia’s Recognition of the Separatist Republics in Ukraine ‘Manifestly’ Unlawful?: blog post by our former Teaching Assistant Pavle Kilibarda on Russia's recognition of the separatist republics in Ukraine as independent States (2 March 2022).
In Honor of Yoram Dinstein - Will the Separation Between Jus Ad Bellum and Jus In Bello Survive the Conflicts in Ukraine and Gaza?: a blog post by Professor Marco Sassòli in which he recognizes the significant contribution made by Professor Yoram Dinstein to our understanding of international law.

International Law in Modern Warfare. Professor Andrew Clapham shares his perspectives on contemporary developments since he published his book ‘War’ in an interview with Akshita Tiwary of Jurist News (11 July 2024)

International Criminal Law and the Russia-Ukraine War: In Conversation with Andrew Clapham: a video (and written) interview of Andrew Ckapham on prosecuting international crimes from the Russia-Ukraine war (7 December 2023)

War in Ukraine: How to Make Peace? Our Faculty member Katia Papagianni discusses in this swissinfo podcast the possible contours of a peace deal between Russia and Ukraine (27 February 2023).

Our Faculty Series: our former Teaching Assistant Dr Pavle Kilibada interviews Professor Andrew Clapham about his recent book ‘War’ and the armed conflict in Ukraine, including about how to ensure accountability for alleged war crimes (2 June 2022).

Does Putin talk about Ukraine in genocidal terms?: in this podcast, Professor Paola Gaeta discusses whether we should call Vladimir Putin a war criminal, the consequences of using such terminology, whether we are witnessing genocide in Ukraine and if Putin talks about Ukrainians in genocidal terms? (12 May 2022).

The Laws of War – A Guide: in this Matrix Rule of Law Podcast (Episode 1), Professor Andrew Clapham discusses the legal framework governing the war in Ukraine.

The Rules of War: in this Matrix Law Podcast (Episode 30), Professor Andrew Clapham discusses the ongoing crisis in Ukraine, examines the facts through the prism of international law, and explores how international law can be applied and how it might help to calibrate the actions and reactions of the warring parties (15 March 2022).

Russia – Ukraine: What’s law got to do with it?: in this Matrix Law Podcast (Episode 29), Professor Andrew Clapham discusses the crisis occurring on the Russia Ukraine border, including the international legal obligations to offer assistance should a threat be recognised (18 February 2022)

Inside Geneva: Is international law dead?: Podcast with Professor Andrew Clapham, discussing this provocative question in the context of the 75th anniversary of the Geneva Conventions (11 June 2024)

Andrew Clapham: International justice too slow on Ukraine war crimes: an interview with Professor Andrew Clapham, also available in French (23 February 2024)

Is Putin a legitimate target for Ukrainians? The experts are clear about this: with inputs from Professor Paola Gaeta (10 May 2023)

Visé par un mandat de la CPI, Vladimir Poutine peut être arrêté dans n’importe quel pays du monde: with comments by Professor Andrew Clapham (in French, paid access) (17 March 2023)

Peut-on parler avec Wagner? Professor Andrew Clapham comments on the status of Wagner combatants (in French, paid access) (3 March 2023)

Les sanctions prises contre la Russie peuvent-elles être contraires au droit?: A debate on the Swiss Radio (in French) with the participation of Professor Andrea Bianchi (5 December 2022)

En Ukraine, la politique du référendum accompli: Comments from Professor Paola Gaeta (29 September 2022)

La question de l’accueil des déserteurs russes compliquée en Suisse: interview de Vincent Chetail: Professor Vincent Chetail speaks about Russian deserters and asylum in Switzerland (in French)(23 September 2022)

The Death of Daria Dugina: Moscow’s Invocation of Terrorism is More Than Chutzpah: Comments from Professor Andrew Clapham (29 August 2022)

La centrale nucléaire de Zaporijjia est-elle une zone de non-droit? Interview of Professor Marco Sassòli on the international legal framework that applies in Zaporijjia (21 August 2022)

En la GUERRA TODO SE VALE: Interview of Professor Marco Sassòli for Testigo Directo (in Spanish, starts at 4:00) on violations of IHL by Ukraine (26 June 2022)

Crimes contre les prisonniers de guerre en Ukraine : les deux côtés seront-ils jugés? JusticeInfo article on crimes against prisoners of war with inputs from Professor Marco Sassòli (24 June 2022)

Warum die Schweiz mit ihrer Neutralität hadert und Österreich nicht: a swissinfo comparison of the Swiss and Austrin neutrality, with inputs from Professor Marco Sassòli (21 June 2022)

Marco Sassòli: Schwierige Verfolgung von Kriegsverbrechern: Interview of Professor Marco Sassòli on the Swiss german Radio about accountability for war crimes in Ukraine (15 June 2022)

A crypto-based dossier could help prove Russia committed war crimes: CNN article with inputs from Professor Andrew Clapham (10 June 2022).

EXPLAINER: What might happen to 100s of Ukrainian POWs?: Washington Post interview with Professor Marco Sassòli on Ukraine’s prisoners of war (19 May 2022).

What might happen to Ukraine’s Azovstal prisoners of war?: Al-Jazeera interview with Professor Marco Sassòli on Ukraine’s Azovstal prisoners of war (19 May 2022).

Russian Soldier pleads guilty of war crimes: CGTN Europe video interview of Professor Marco Sassòli on Russian soldier pleading guilty of war crimes (19 May 2022).

Radiogiornale: Interview of our Research Fellow Dr Chiara Redaelli on the Swiss Radio (in Italian, starts at 8:33) on recent developments in Ukraine (18 May 2022).

«Ein Haftbefehl gegen Putin wäre weitgehend symbolisch»: Professor Marco Sassòli discusses the key findings of his report on IHL violations in Ukraine under the OSCR Moscow Mechanism (in German), (5 May 2022).

«Die Neutralitätsprinzipien nicht unüberlegt über Bord werfen»: Professor Marco Sassòli comments on Ukraine in the NZZ article (in German, paid access) (26 April 2022)

50 hospitals were not hit at random:Professor Marco Sassòli's interview on the OSCE Report, in Greek and English (18 April 2022).

Guerre en Ukraine: «des violations russes flagrantes», affirme un professeur suisse: Professor Marco Sassòli comments on Human Rights violations in Ukraine (in French, paid access) (16 April 2022).

«Les violations russes sont flagrantes»: Professor Marco Sassòli comments on the OSCE Report (in French, paid access) (16 April 2022).

"Violations russes flagrantes": Professor Marco Sassòli comments on Human Rights violations in Ukraine (in French, paid access) (15 April 2022).

Joe Biden accuse Vladimir Poutine de mener un génocide en Ukraine: Interview of Professor Paola Gaeta (in French, (14 April 2022).

Strafrechtliche Verfolgung oft schwierig: German TV interview of Professor Marco Sassòli on why it's difficult to hold war criminals accountable (14 April 2022).

Des crimes de guerre: Professor Sévane Garibian (In French, paid access) on the collection of proofs in Urkaine (8 April 2022).

La délicate quête des preuves: Professor Sévane Garibian (In French, paid access) on the collection of proofs in Urkaine (8 April 2022).

Putin può essere processato?: Professor Paola Gaeta comments (in Italian) on the possible prosecution of Vladimir Putin for war crimes (7 April).

Russia has been accused of horrific war crimes in Ukraine. But what does that actually mean?: Professors Andrew Clapham and William Schabas comment on the prosecution of war crimes committed in Ukraine (7 April).

Ukraine Tribunal Could Try Russian Leaders for Aggression: interview of Professor Andrew Clapham on possible avenues for accountability, including via the creation of a special international tribunal to prosecute senior Russian officials for the crime of aggression related to Russia's invasion of Ukraine (7 April 2022).

Up-Close Ukraine Atrocity Photographs Touch a Global Nerve: Professor Andrew Clapham comments in a New York Times article on the killings in Bucha (5 April 2022).

Comprendre le vocabulaire de la guerre et des exactions: interview (in French) of Professor Paola Gaeta on the vocabulary of war and abuses (5 April 2022).

Crimini di guerra, tra realpolitik e giustizia penale: interview (in Italian) of Professor Andrea Bianchi about the commission of war crimes by Russian troops in Ukraine (3 April 2022).

Ucraina: un mese di guerra: Professor Paola Gaeta discusses (in Italian from 25:18) the documentation of violations of IHL in Ukraine and prosecutions related to the commission of war crimes, crimes against humanity and the crime of aggression (24 March 2022).

«Avec l’Ukraine, c’est un vrai challenge qui commence pour la justice internationale»: in this interview (In French, paid access), Professor Sévane Garibian shares her thoughts on whether the investigation in Ukraine could be an opportunity for new impulse at the International Criminal Court (22 March 2022).

En Ukraine, l’agonie du droit humanitaire: an article (in French, paid access) on IHL violations in Ukraine, with inputs from Professors Andrew Clapham and Paola Gaeta (21 March 2022).

C’est quoi un crime de guerre ?: interview of Dr Annyssa Bellal, former Senior Research Fellow, about what constitutes a war crime (in French, 15 March 2022).

Will Russia’s leaders be brought to justice for Ukraine war crimes?: an article with inputs from Professor Marco Sassòli (10 March 2022).

Guerre en Ukraine: ces images qu'il ne faut pas partager sur les réseaux sociaux: an article on the limits of sharing images of prisoners of war, with inputs from Professor Marco Sassòli (in French, 10 March 2022).

Exhiber des prisonniers de guerre, quelles sont les limites?: an article on the limits of sharing images of prisoners of war, with inputs from Professor Marco Sassòli (in French, 8 March 2022).

Los límites de exhibir a prisioneros de guerra: an article on the limits of sharing images of prisoners of war, with inputs from Professor Marco Sassòli (in Spanish, 8 March 2022).

Il ruolo dei corridori umanitari: interview on Swiss Italian TV of Professor Marco Sassòli (in Italian, from 06:10 to 09:15) on humanitarian corridors in Ukraine (4 March 2022).

Expert in international law: Russia is leading an outrageous aggression: interview of Professor Paola Gaeta on Russia’s intervention in Ukraine from the perspective of international law (2 March 2022).

Le strategie militari di questa guerra: Professor Marco Sassòli recalls (in Italian, from 19 minutes onwards) that both parties have now to respect international humanitarian law in the war provoked by Russia's aggression: the aggressor and the defender (2 March 2022).

L’exode réveille l’hospitalité européenne: interview (in French) of Professor Vincent Chetail, originally published in the newspaper Le Temps, in which he recalls that the protection afforded by the 1951 Geneva Convention applies to all refugees, whether Ukrainian, African or Syrian (8 March 2022).

En Ukraine, quand commence la guerre?: an article (paid access) in the newspaper Le Temps, with inputs from our Research Fellow Dr Chiara Redaelli (10 February 2022).

Neutralität - ein Konzept mit Zukunft?: interview of Professor Marco Sassòli (in German) about Switzerland's neutrality in relation to the application of sanctions against Russia (6 March 2022).

Participation in Statements

UN experts call for end to Russian aggression against Ukraine and urgent protection of human rights: UN human rights experts call in this statement on the Russian Federation to immediately end its invasion of Ukraine to avoid further bloodshed and loss of life. It was notably signed by our former Swiss Human Rights Chair and UN Special Rapporteur Against Torture Nils Melzer, Professor Fionnuala Ní Aoláin, Visiting Research Fellow at the Geneva Academy and UN Special Rapporteur on the Protection and Promotion of Human Rights while Countering Terrorism, Clément Nyaletsossi Voule, Researcher at the Geneva Academy and UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association, and Professor Gabriella Citroni, Member of the UN Working Group on Enforced or Involuntary Disappearances (22 February 2022).

Statement by Members of the International Law Association Committee on the Use of Force: signed by our Research Fellow Dr Chiara Redaelli who is a member of the Committee on the Use of Force of the International Law Association (4 March 2022)

Participation in Events and Conferences

Online Discussion: The OSCE Moscow Mechanism report on violations of International Law committed following Russia’s Invasion of Ukraine: Mariana Katzarova, an alumna of our Executive Master in International Law in Armed Conflict and the Founder and Chair of RAW in WAR (Reach All Women in War) participated, in this oline discussion along with our two faculty members Professors Marco Sassòli and Andrew Clapham (16 May 2022).

Blog Posts and Articles

Navigating Transitional Justice Pathways in Ukraine: research brief, by Chhime Namdol Sherpa and Robin van der Lugt, examines the initiatives currently unfolding in Ukraine and assesses how they can lead to a holistic transitional justice process. (October 2024)
Mercenary or Combatant? Ukraine’s International Legion of Territorial Defense under International Humanitarian Law: a blog post by Ilya Nuzov – an alumnus of our LLM in International Humanitarian Law and Human Rights and the Head of Eastern Europe and Central Asia Desk at the International Federation for Human Rights (FIDH) – on whether Ukraine’s International Legion of Territorial Defense should be considered, under IHL as mercenary or combatant (8 March 2022).

Death and Dignity in Ukraine’s Armed Conflict: An Insight into the Protection of Victims’ Remains under International Law Part I: blog post co-authored by Professor Sévane Garibian and our LLM alumna Marion Vironda Dubray on how international law protects victims' remains in the current conflict in Ukraine (4 July 2022)

Death and Dignity in Ukraine’s Armed Conflict: An Insight into the Protection of Victims’ Remains under International Law Part IIth and Dignity in Ukraine’s Armed Conflict: An Insight into the Protection of Victims’ Remains under International Law Part II: blog post co-authored by Professor Sévane Garibian and our LLM alumna Marion Vironda Dubray on how international law protects victims' remains in the current conflict in Ukraine (4 July 2022).

There will be accountability for Ukraine crimes, eventually: expert: an interview of our LLM alumnus Philip Grant, Director of the NGO TRIAL International, on accountability for war crimes in Ukraine (6 April 2022)

Philippe Grant, directeur exécutif de l’ONG Trial International, livre son analyse juridique sur les possibles crimes de guerre perpétrés à Boutcha: an interview (on Swiss TV in French) of our LLM alumnus Philip Grant, Director of the NGO TRIAL International, on the possible commission of war crimes in Boutcha (3 April 2022)

Ukraine: is targeting hospitals always a war crime?: an interview of our LLM alumna Marion Vironda Dubray – now a scientific collaborator at the research programme Right to Truth, Truth(s) through Rights – on how IHL protects hospitals and caregivers and on whether targeting hospitals is always a war crime (2 March 2022).

We are constantly updating our Rule of Law in Armed Conflict (RULAC) online portal and its entries related to the crisis: the international armed conflict between Russia and Ukraine, and the non-international armed conflicts in Eastern Ukraine with the self-proclaimed ‘People’s Republics’ of Donetsk and Luhansk. RULAC also provides information about the military occupation of Crimea by Russia since July 2014.

These entries and RULAC also provide information on classification and applicable international law, including international humanitarian law, international human rights law and international criminal law.

Cyber attacks form an integral part of the current armed conflict between Ukraine and Russia.

Our projects on the digitalization of conflict address some of the main issues of contention concerning the application of international law, including IHL and international human rights law, to military cyber operations with notably three papers:

Protecting Societies: Anchoring a New Protection Dimension in International Law in Times of Increased Cyber Threats takes a broader perspective on IHL in view of the possibilities of military cyber technologies to disrupt the fundamental functions of modern societies, with potentially severe ramifications for the continuity of civilian life during conflicts.
Protecting the Global Information Space in Times of Armed Conflict focuses on the legal implications of digital information warfare in the context of the laws of armed conflict.
Building on existing legal discussions concerning the status of ’data’ in the law of armed conflict, the third paper Protection of Data in Armed Conflict attempts to refocus the debate by clarifying the different ways the notion of ’data’ can be conceived, and how these differences require nuanced legal approaches. On that basis, the paper presents a novel way to conceptualise the protection of ’data’ in armed conflict.

The Guidelines on Investigating Violations of International Humanitarian Law: Law, Policy and Good Practice – co-published with the International Committee of the Red Cross (ICRC) – provide key guidance to states aiming to conduct investigations of IHL violations, but also to other bodies and individuals seeking a more detailed understanding of investigations in armed conflict.

This document – the first of its kind – is notably available in Russian and Ukrainian.

Our research on disability and armed conflict highlighted the devastating impact conflict has on persons with disabilities and that many of the key IHL provisions that serve to minimize the impact of armed conflict – such as the proportionality assessment and advanced effective warnings – are not being applied in a disability inclusive manner, resulting in persons with disabilities being killed, seriously injured or left behind as families flee armed attacks.

Building on this research and its recommendations, our Military Briefing: Persons with Disabilities and Armed Conflict provides guidance to the armed forces on how to integrate a disability perspective into military manuals and the training of their militaries. This paper offers a number of concrete recommendations on specific areas, showing the possibility to integrate a disability perspective into military manuals and military operations.

For example, it details the meaning of ‘accessible warnings’ to persons in the vicinity of armed attacks, and sets our feasible measures regarding the treatment of prisoners of war with disability, in line with the United Nations Convention on the Rights of Persons with Disabilities (CRPD).