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

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.

Along with 23 governments, the Geneva Academy – via its IHL-EP – requested to i ntervene as a third party in the proceedings before the European Court of Human Rights (ECtHR) concerning the case of Ukraine v. Russia (X) (application no. 11055/22).

This inter-State case concerns the Ukrainian Government’s allegations of mass and gross human rights violations committed by the Russian Federation in its military operations on the territory of Ukraine since 24 February 2022.

In this request, the Geneva Academy offered to provide an informed and balanced analysis of several, crucial issues raised by that case. These include the extra-territorial application of the European Convention on Human Rights (ECHR), the attribution of conduct and its interaction with the questions of establishing jurisdiction and classifying armed conflicts, the relationship between the ECHR and the international legal prohibition on the threat or use of force, and 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.

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.

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?

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

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.

Participation in Events and Conferences

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

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)

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 Teaching Assistant Pavle Kilibarda on Russia's recognition of the separatist republics in Ukraine as independent States (2 March 2022).

Our Faculty Series: our 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)

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, 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 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

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).