A right to life in armed conflicts the contribution of the european court of human rights12/27/2023 ![]() ![]() As Oona Hathaway has cogently argued, ‘the unified and sustained legal condemnation of the invasion is essential not only to sustaining hope for a future in which Ukraine is free and independent but also to maintaining an international legal order founded on the principle that might cannot make right’ (see also Noëlle Quénivet’s extremely useful curation of international law commentaries here). In addition, there have been calls for the establishment of a separate criminal tribunal to investigate the crime of aggression, which the ICC does not have the remit to do, in the context of Ukraine (or a hybrid tribunal established with Council of Europe support).įor Elvira Dominguez-Redondo, such engagement represents a ‘remarkable and a revealing testimony of the centrality of international law in the means used to address the conflict’. On 28 February, Karim Khan QC, the Prosecutor at the International Criminal Court (ICC), announced the opening of an investigation into the situation in Ukraine, and by 2 March his office had received referrals from 39 States Parties to the Rome Statute of the ICC, allowing active investigations to proceed. Ukraine itself instigated proceedings at the International Court of Justice and the European Court of Human Rights. The brutal, unprovoked and illegal Russian invasion of Ukraine, which started on 24 February 2022, has resulted in the swift utilisation of the machinery of international law.
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