-
作者:Falk, Richard
作者单位:University of London; Queen Mary University London; Princeton University
-
作者:Hajdin, Nikola R.
作者单位:University of Oxford
摘要:The crime of aggression requires that the perpetrator be in a position effectively to exercise control over-or to direct-the political or military action of a state. This requirement, called the leadership clause, has led to the view that private individuals are excluded from criminal responsibility because they lack the necessary authority over the state policy. In this Essay, I argue against this dominant view and outline an analytical framework for criminal complicity in a war of aggression.
-
作者:[Anonymous]
-
作者:Cogan, Jacob Katz
-
作者:Huang, Jie (Jeanne)
作者单位:University of Sydney
摘要:The 1965 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters has increasingly been used by its member states to demonstrate their territorial claims, including in the Falklands dispute and the Israel-Palestine conflict. This has now arisen in the Russo-Ukrainian war, as conflicting declarations have been formulated by eight states under the Convention. This Essay analyzes the legal dilemmas brought by these declarations and proposes prelimina...
-
作者:Lahmann, Henning
作者单位:Leiden University - Excl LUMC; Leiden University
摘要:Russia's aggression against Ukraine has brought into focus the growing significance of open-source information for international legal processes. Enabled by novel digital technologies, civil society actors have seized the opportunity provided by the vast amount of publicly available evidence to counter-narrate Russia's pretexts to justify its invasion within the deliberative bodies of the United Nations. This Essay explains the potential of this emerging practice to influence international leg...
-
作者:Buscemi, Martina
作者单位:University of Milan
摘要:This Essay explores the sanction of non-participation, which has been used against Russia following the start of the war in Ukraine. After mapping out the multifaceted instances of Russia's exclusion from international organizations, the analysis considers the legality of measures adopted that do not have an explicit basis in institutional rules. The Essay concludes with broad reflections on the use of international organizations as platforms to stigmatize and isolate the violator and outlines...