The Use of Force against Ukraine and International Law: Jus Ad Bellum, Jus In Bello, Jus Post Bellum

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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. Sergey Sayapin is Assistant Professor in International and Criminal Law at the School of Law of the KIMEP University in Almaty, Kazakhstan.

Author(s): Sergey Sayapin, Evhen Tsybulenko, (eds.), et al.
Series: International Criminal Justice (Book 18)
Edition: 1st
Publisher: T.M.C. Asser Press
Year: 2018

Language: English
Pages: 454

Front Matter ....Pages i-xxvii
Front Matter ....Pages 1-1
The Legal Nature of States’ Obligations Towards Ukraine in the Context of Jus Contra Bellum (Miras Daulenov)....Pages 3-19
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 (Bill Bowring)....Pages 21-40
An Illegal Territorial Regime? On the Occupation and Annexation of Crimea as a Matter of International Law (Valentina Azarova)....Pages 41-71
Conferral of Nationality of the Kin State – Mission Creep? (Sabine Hassler, Noëlle Quénivet)....Pages 73-110
International Legal Aspects of Russia’s War Against Ukraine in Eastern Ukraine (Oleksandr Merezhko)....Pages 111-121
Separatists or Russian Troops and Local Collaborators? Russian Aggression in Ukraine: The Problem of Definitions (Evhen Tsybulenko, J’moul A. Francis)....Pages 123-144
The Legal Status of the Donetsk and Luhansk “Peoples’ Republics” (Tymur Korotkyi, Nataliia Hendel)....Pages 145-170
Front Matter ....Pages 171-171
Legal Challenges in Hybrid Warfare Theory and Practice: Is There a Place for Legal Norms at All? (Gergely Tóth)....Pages 173-183
The Operation of International Treaties and Contracts in the Event of Armed Conflict: Problems Reopened by Russian Aggression Against Ukraine (Olga Butkevych)....Pages 185-213
Cyber Operations During the Conflict in Ukraine and the Role of International Law (Jozef Valuch, Ondrej Hamulak)....Pages 215-235
Foreign Fighters in the Framework of International Armed Conflict Between Russia and Ukraine (Anastasia Frolova)....Pages 237-259
Children and the Armed Conflict in Eastern Ukraine (Natalia Krestovska)....Pages 261-275
International Legal Dimensions of the Russian Occupation of Crimea (Evhen Tsybulenko, Bogdan Kelichavyi)....Pages 277-296
The Russian–Ukrainian War in Donbas: Historical Memory as an Instrument of Information Warfare (Sergii Pakhomenko, Kateryna Tryma, J’moul A. Francis)....Pages 297-312
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 (Sergey Sayapin)....Pages 313-326
Front Matter ....Pages 327-327
The Conflict in Ukrainian Donbas: International, Regional and Comparative Perspectives on the Jus Post Bellum Options (Gerhard Kemp, Igor Lyubashenko)....Pages 329-354
Triggering the International Criminal Court’s Jurisdiction for Alleged Crimes Committed Across Ukraine, Including in Crimea and Donbas (Beatrice Onica Jarka)....Pages 355-383
War Crimes Committed During the Armed Conflict in Ukraine: What Should the ICC Focus On? (Rustam Atadjanov)....Pages 385-407
Sexual Violence in War-Torn Ukraine: A Challenge for International Criminal Justice (Ioannis P. Tzivaras)....Pages 409-424
Post-conflict Reconstruction of Trust in the Media (Katrin Nyman Metcalf)....Pages 425-445
Back Matter ....Pages 447-454