War
War
Scientific Committee
Alberto Alemanno, Luis Arroyo Zapatero, Frédéric Baab, Emmanuelle Barbara, Gilles Briatta, Guy Canivet, Laurent Cohen-Tanugi, Pavlos Eleftheriadis, Jean-Gabriel Flandrois, Emanuela Fronza, Aurélien Hamelle, Astrid Mignon Colombet, Nicolas Molfessis, Pierre-Louis Périn, Sébastien Pimont, Pierre Sellal, Pierre Servan-Schreiber and Jorge E. Viñuales.
Editors-in-chief
Hugo Pascal and Vasile Rotaru
Editorial Managers
Gilles Gressani and Mathéo Malik
Editorial Comittee
Joachim-Nicolas Herrera (dir.), Anda Bologa, Dano Brossmann, Jean Chuilon-Croll and Francesco Pastro.
Introduction
Rule of Law in the Time of War
The war that has been ravaging Ukraine since early 2014, and especially the brutal full-scale invasion of 24 February 2022, is a tragedy whose consequences will span generations. It is also an existential threat to the rule-bound international order: never since World War II has aggressive interstate war been considered a legitimate way to assert … Continued
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Editorial
The last decades of the twentieth century may have led us to believe that liberal democracy was making steady progress. After the end of the dictatorships in Mediterranean Europe, Greece, Spain and Portugal, the Berlin Wall fell, the Soviet bloc broke up and perestroika took hold in Russia. At the same time, the European Community … Continued
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Tools of Lawfare
The New Frontiers of European Sanctions and the Grey Areas of International Law
Following Russia’s invasion of Ukraine, the European Union (EU) adopted an unprecedented series of sanctions (also known as ‘restrictive measures’) between February 2022 and April 2023. Each ‘package’ of sanctions, of which there are ten to date, builds on and amplifies the legal framework of the sanctions imposed in 2014 following the annexation of Crimea, … Continued
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Criminology of War and Criminal Policy of the European Union
For over a year now, we have been witnessing a war broadcasted live on television. If images were for the first time shown live from the conflict zone during the Balkan wars, the situation today is different: we have not only live broadcasting and daily information, but also images captured and dispersed by thousands of … Continued
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Sanction. Confiscate. Compensate. How Russian Money Can Be Repurposed as Reparations for Ukrainian Victims
Since Russia’s invasion of Ukraine, £18 billion of assets belonging to Russian individuals have been frozen under the UK’s Russia sanctions regime, and €19 billion has been frozen by the European Union. One year on from the start of the invasion, governments are grappling with what to do with the vast amounts of frozen wealth … Continued
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Corporations Facing the War
‘Faced with international crimes, the question is less that of restoring a world order that does not exist, than of contributing to the establishment of a future order that is still in preparation. The newly created international criminal jurisdictions will not suffice, and it will remain necessary, for a long time to come, for international … Continued
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Rule of Law During the War
Sanctions, Confiscation, and the Rule of Law
One of the many depressing features of Russia’s ongoing war against Ukraine is the dearth of immediately available avenues for accountability. Discussions continue apace as to the establishment of a tribunal to adjudicate international crimes committed, but there is no denying that its effectiveness will be hostage to political—meaning, in this instance, military—realities. The thus-far … Continued
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The Displacement Crisis in Ukraine: Key Legal Issues
One of the most immediate and dramatic human consequences of the 24 February 2022 invasion of Ukraine by the Russian Federation was of millions of people fleeing for their lives. In what became the world’s fastest growing displacement crisis since World War II, nearly 13 million people—more than a quarter of Ukraine’s population—fled their homes … Continued
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The European Due Diligence Duty: Promoting a Virtuous Corporate Governance Model
Civil society and non-governmental organisations (‘NGOs’) are increasingly sensitive to the effects of economic activity and production on human rights, the environment, biodiversity and climate change, while companies, concerned about their reputation and attractiveness, are more willing to question their corporate purpose (raison d’être). Some companies are keen to communicate on the efforts they are … Continued
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Post-War Justice
Pursuing Accountability for the Crime of Aggression Against Ukraine
A little over one year ago, multilateralism seemingly ‘lied on its deathbed’ as the world’s second largest nuclear power, Russia, invaded neighbouring Ukraine right as the UN Security Council was meeting in New York in an eleventh-hour effort to ‘give peace a chance’. For months, a massive military build-up by Russian forces at the border … Continued
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Self-determination of Ukrainian People and Russian Aggression
1- Brief remarks on the international law regime on self-determination of peoples The principle of external self-determination of peoples operates in three well-known cases identified in practice and consolidated case-law: former colonies, foreign military occupation and government that practices apartheid or racial discrimination. As indicated by the ICJ in the Advisory Opinion on Kosovo ‘during … Continued
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Post-Conflict Reconciliation in Ukraine
One year after Russia’s illegal invasion of Ukraine, it is still unclear how a peace agreement might be achieved or what its terms could be. Nor is it apparent what territory and what balance of Russian, Ukrainian, and other communities will constitute post-war Ukraine. Nonetheless, the nature of this conflict as a war justified by … Continued
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Transitional Justice in the Context of the War in Ukraine
In the wake of the first anniversary of Russia’s invasion of Ukraine, the chances of a peace agreement between the parties to the armed conflict are still very low. However, this does not preclude bringing to the table the issues that should be addressed in a future peace agreement. While transitional justice is often understood … Continued
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Post-War International Order
War in Ukraine: Mutation or Resilience of the Principles of the United Nations Charter?
It is surely no exaggeration to state that never since 1945 has the international legal order been confronted with existential threats as great as those that have accumulated since the beginning of the 2020s. Some are immediate, others medium- or long-term, but all are due—more or less directly—to the folly of men, the inability of … Continued
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The war in Ukraine and the curtailment of the veto in the Security Council
Russia repeatedly vetoed draft Security Council resolutions that concerned its military activities in the neighbouring state of Ukraine, both in 2014 and in 2022. In this context, after the Russian full-blown invasion, the US ambassador to the United Nations stated that ‘any Permanent Member that exercises the veto to defend its own acts of aggression … Continued
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The Ukraine War at One: A Silver Lining
One year after the Russian invasion of Ukraine, the fog of war still obscures its full implications. The war continues to cause unspeakable suffering. Estimates indicate that Ukraine and Russia each sustained 100,000 military casualties by November 2022. Ukraine suffered upward of 40,000 civilian casualties. Dozens of millions have been displaced. Reports of war crimes … Continued
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International Law and War in Light of the Ukrainian Conflict: A Relation Biased Since Its Inception
Jus ad bellum and jus in bello. Traditionally, a distinction is made in international law between the jus ad bellum, the right to wage war or the right of a state to resort to war in a lawful manner, and the jus in bello, the law governing the conduct of war, which includes international humanitarian … Continued
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Lasting Geopolitical Scars
Europe In The Interregnum: Our Geopolitical Awakening After Ukraine
The war against Ukraine proves that Europe is even more in danger than we thought just a few months ago. Russia’s brutal invasion of Ukraine is not only an unprovoked attack on a sovereign country standing up for its rights and its democracy, it is also the biggest challenge to Europe’s security order since the … Continued
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A New Strategic Concept for NATO
Shortly after the announcement of the 2022 summit in Madrid, the withdrawal of NATO’s “Resolute Support” mission from Afghanistan became a complex and dramatic military operation that was followed closely by Euro-Atlantic public opinion who watched in disbelief as thousands of civilians evacuated at the same time as our own troops. Global public opinion was … Continued
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The Ukraine war and the energy transition
The global energy crisis resulting from Russia’s invasion of Ukraine is deceptively familiar. Since the 1970s, the weaponization of energy exports has become a real possibility, used to great effect in a handful of cases. It first emerged when, in 1973, certain members of the increasingly assertive Organization of Petroleum Exporting Countries (‘OPEC’), which had … Continued
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The War In Ukraine And The Conditions For World Peace
The year 2023 has begun with the perspective of a protracted conflict on the European continent. The main protagonist is a nuclear power whose leader, Vladimir Putin, has the ability to blend the hot and the cold, or more precisely, the red-hot and the glacial, and to keep the risk of an escalation alive, which … Continued
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