#Russia is committing an act of aggression. This is what the UN was created for in 1945 after WWII, to react against together: the collective security system. All states now have the right to use military force against Russia under the right to collective self defense of #Ukraine
But they don't just have the "right" to do so, they have the duty. The UN was made for this. Its Preamble starts with vowing that this is what they would stand against together. Now all those 193 UN states (- 1, #Russia) should put their military where their mouth is. #Ukraine Image
The UN 1974 "Definition of Aggression" stipulated that "no territorial acquisition resulting from aggression is or shall be recognized as lawful". Yet: Crimea in 2014 and now this. If all states would stand together against aggression #Russia wouldn't dare or be able to do this.
Since 2018, the International Criminal Court has jurisdiction over the crime of aggression, the supreme crime . #Ukraine has accepted the ICC's territorial jurisdiction and so now the ICC has its first clear-cut crime of aggression situation, and could (should) investigate Putin.
I wrote my PhD on this, warning how such a case could tear apart the ICC. But here we are. The ICC cannot not take this one up. Yet #Russia will try and eat ICC alive with its twisting of the law to argue it protects human rights (after passportization). academic.oup.com/ejil/article/2… Image
The arguments back & forth in brief are: #Ukraine (and rest of world) can point to Definition of Aggression and UN Charter: recognising DPR/LPR is violation of territorial integrity, passportization is violation non-intervention principle, moving in military is act of aggression.
#Russia repeats strategy developed in Georgia 2008 & Crimea 2014 to claim it is assisting people there with their right to self-determination and protecting them against supposed human rights violations by #Ukraine. And that this would give them right (duty) to protect and invade
#Russia's #passportization 2.0 strategy in #Ukraine: in Georgia/Crimea it already gave passports to then argue it could protect its own nationals, eating up territory bit by bit. Now, it attached further incentives by providing services/goods only to those that took the passport.
#Passportization is ever so clever: After giving people passports, #Russia then argues it has right to protect its nationals. Same with #selfdetermination: invoking international law but twisting it as if Russia protects human rights and would be allowed to use force. #aggression

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More from @mariekedehoon

Feb 22
Kremlin has just posted #Putin's speech in English: en.kremlin.ru/events/preside…
Dissecting it a bit for references to international law justifications for using force. Spoiler alert: Russia (obviously) does not have right to use force. It is #aggression. It's a crime of aggression. 1
It starts by referring to Ukrainians not as foreigners but embracing them as if they are Russian nationals. "Ukraine is not just a neighbouring country for us. It is an inalienable part of our own history,culture and spiritual space. These are our comrades, those dearest to us" 2 Image
Nationality of course is a very strong legal concept on the basis of which a lot is allowed: if #Ukraine is not foreign but domestic, it is "law enforcement" rather than "armed attack"; it is "protection" rather than "invasion"; it is "helping them" rather than "annexing from". 3
Read 17 tweets
Jan 26
At Eur Court of Human Rights (ECtHR) for the #MH17 hearing on admissibility and jurisdiction. The cases of #Ukraine v #Russia and #Netherlands v Russia are joined and discussed together today. Things are heating up between UKR and RUS: now that’ll be fought out in court as well.
Placement sheet of ECtHR’s judges and delegations/counsel of today’s #MH17 oral hearing. Hearing will discuss admissibility & jurisdiction: exhausting domestic remedies, 6month rule and Art 1 ECHR: was RUS active (with BUK crew or effective control) in UKR at time of downing MH17
RUS starts with arguing ECtHR should reject cases because no extra-territorial jurisdiction: it occurred in UKR; RUS had no effective control over the area. RUS points to financial support to UKR and suggests that this instead is effective control by Western states there. #MH17
Read 43 tweets
Nov 13, 2020
Friday morning, Prosecution (OM) continues their reply to defense requests for additional investigations to complete the dossier before moving to the merits phase in spring 2021. OM starts with argument that a BUK shoots down a plane and that intent only sees to what and not why.
OM: The "why" question is relevant for next of kin and OM wants to find out as well, but is not a criterion to assess whether additional investigations are "necessary" to complete dossier. Solely wanting to know something is not a successful criterion and needs to be motivated.
OM: invoking the criminal law justification ground of "self-defense" will not be successful in this case (also not self defense against self defense) and so investigation requests relating to this scenario are irrelevant. OM will argue that almost all requests should be dismissed
Read 28 tweets
Nov 12, 2020
#MH17 trial continues today & tomorrow with particularly the responses of Prosecution (OM) on the requests by defense for additional investigations. This is still preliminary phase of #MH17Trial, arguing on what is necessary to complete the dossier before moving to merits phase.
OM: we will respond to and advise court on the various investigation requests by defense last June and since. OM submits a number of general points that are critical on the way that the defense is approaching the case >
For example, that defense is selective when it invokes the complexity of ongoing armed conflict; and that only investigation requests that can shed new light are relevant, but that it is not up to the defense to decide what the prosecution is about and how long trial will take.
Read 13 tweets
Mar 23, 2020
Judge starts by explaining the #Corona measures when resuming the #MH17trial this morning. Important to proceed but with only the 3 judges, 1 prosecutor, 1 attorney for the victims, 1 clerk, no one else. You can follow via livestream content.uplynk.com/player5/2zSmhp… #mh17proces #MH17
When #MH17 trial proceeds on 8 June, the defense can still request for investigatory measures. Court agrees that defense needs more time to prepare. The Court does not impose a deadline for the defense to respond to issues before 8 June, agreeing with the defense's submission.
Court decides that Prosecution has not sufficiently motivated the necessity of an inspection at the site of the reconstruction of the plane and how they suggest this would look like. Decides Prosecution needs to motivate this further.
Read 10 tweets
Aug 1, 2019
1/ Legal advice by Dutch govt's external advisor @ANollkaemper on the legality of a multilateral tribunal to prosecute #ISIS. Concludes that such a tribunal will unlikely be able to effectively and legitimately prosecute ISIS members. I'll translate: rijksoverheid.nl/documenten/rap…
2/ The q posed was on legal limitations and what conditions would be required to establish a tribunal in absence of a UN mandate and consent by #Syria or #Iraq. This is not about domestic prosecution of ISIS crimes such as in Iraq, Syria or Eur states,within existing legal orders
3/ The advice explains that such national prosecution would have legal and practical advantages vis-a-vis international prosecution. Important to focus on int'l cooperation to support domestic pros, possibly with a complementary int'l tribunal.
Read 21 tweets

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