The Use of Force against Ukraine and International Law: Jus ad Bellum, Jus in Bello, Jus post Bellum

European Union Law › International Law

The Use of Force against Ukraine and International Law: Jus ad Bellum, Jus in Bello, Jus post Bellum

Edited by Sergey Sayapin · Evhen Tsybulenko
T.M.C. Asser Press September 2018

Specifications

ISBN-13
9789462652217
Publisher
T.M.C. Asser Press
Publication
September 2018
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Written by a team of international lawyers from Europe, Asia, Africa, and the Caribbean, this book analyses some of the most significant aspects of the ongoing armed conflict between the Russian Federation and Ukraine. As challenging as this conflict is for the international legal order, it also offers lessons to be learned by the States concerned, and by other States alike.

The book analyses the application of international law in this conflict, and suggests ways for this law's progressive development. It will be useful to practitioners of international law working at national Ministries of Defence, Justice, and Foreign Affairs, as well as in Parliaments, to lawyers of international organizations, and to national and international judges dealing with matters of public international law, international humanitarian law and criminal law. It will also be of interest to scholars and students of international law, and to historians of international relations.

Table of Contents

Part I. Jus Ad Bellum
Chapter 1. The Legal Nature of States' Obligations Towards Ukraine in the Context of Jus Contra Bellum
Chapter 2. Who are the "Crimea People" or "People of Crimea"? The fate of the Crimean Tatars, Russia's legal justification for annexation, and Pandora's Box
Chapter 3. Illegal Territorial Regimes: On the Operation of International Law in Crimea
Chapter 4. Conferral of Nationality of the Kin State - Mission Creep?
Chapter 5. International Legal Aspects of Russia's War against Ukraine in Eastern Ukraine
Chapter.
6. Separatists or Russian Troops and Local Collaborators? Russian Aggression in Ukraine: The Problem of Definitions
Part II. Jus In Bello
Chapter 7. Legal Challenges Associated with Hybrid Warfare
Chapter 8. The Operation of Treaties and International Contracts in the Event of Armed Conflict: Problems Reopened by Russian Aggression against Ukraine
Chapter 9. Cyber Attacks in the Ukrainian Conflict and the Role of International Law
Chapter 10. Foreign Fighters in Russia's War against Ukraine
Chapter 11. Children and the Armed Conflict in Еastern Ukraine: International and National Legal Aspects
Chapter 12. The International Legal Dimensions of Russia's Occupation of Crimea
Chapter 13. Historical Memory as an Instrument of Information Warfare (in Terms of the Russian-Ukrainian War in Donbas)
Chapter 14. An Alleged "Genocide of Russian-Speaking Persons" in Eastern Ukraine: Some Observations on the "Hybrid" Application of International Criminal Law by the Investigative Committee of the Russian Federation
Part III. Jus Post Bellum
Chapter 15. The Promise and Pitfalls of Regional Reconciliation: Post-Conflict Modalities in a Critical Comparative Perspective
Chapter 16. Triggering the ICC's Jurisdiction over Alleged Crimes Committed Across Ukraine, Including in Crimea and the Donbas
Chapter 17. War Crimes Committed during the Armed Conflict in Ukraine: What Should the ICC Focus On?
Chapter 18. Sexual Violence in War-Torn Ukraine: A Challenge for International Criminal Justice
Chapter 19. The Post-Conflict Reconstruction of Trust in the Media
Appendix.
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