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Marieke de Hoon Profile picture
Marieke de Hoon
@mariekedehoon
Associate Professor International Criminal Law @UvA_Amsterdam; Director & Senior Counsel @PILPG Netherlands. Int’l Crim Law, Int’l Law & Politics, Human Rights
Jan 11, 2023 • 12 tweets • 8 min read
Vreselijk. Structurele deportaties kinderen duidt op #genocide (art II(e) Genocideverdrag) als wordt bewezen dat dit met oogmerk is om #Oekraïeners te vernietigen als nationale groep, zodat alleen mensen overblijven die zich Rus noemen. Kinderen weghalen = toekomst groep weghalen Draadje om dit wat nader toe te lichten. De ontvoeringen van kinderen gebeuren al sinds 2014 en is sindsdien een kernonderdeel geweest van de strijd van #Rusland tegen #Oekraine. Inmiddels gaat het om enorme getallen. UKR zegt 300.000 kinderen; RUS zegt zelfs 700.000. #Nieuwsuur
Nov 17, 2022 • 40 tweets • 16 min read
On my way to court for the #MH17 judgment. Will the Dutch court convict 3 Russians (Girkin, Dubinskiy, Pulatov) and 1 Ukrainian (Kharchenko) for downing Flight MH17 on 17 July 2014? I wrote an explainer in @just_security yesterday. And I’ll livetweet the judgment in English here. 15 mins until #MH17 judgment starts at 13:30 CET. Tensions rising here. Judgment is livestreamed in Dutch & English interpretation: courtmh17.com/livestream/uit… I will be trying to explain it here, (mostly) in English. For more background explanation, see also MH17.legal
Oct 1, 2022 • 11 tweets • 5 min read
Interesting in #Putin's speech was that the West would've created a rules-based order #Russia never agreed to. Appealing, I think, to non-Western, often former colonial states where this type of critique lands well. But USSR was frontrunner in establishing many of these rules. 1/ From 1950-1974, USSR led the campaign to define "aggression" in order to eliminate justifications for aggressive wars (A/C.1/608) while USA, FRA, CAN led the protests against any form of a fixed definition: they wanted to leave it up to UNSC, open for power play and ambiguity. 2/
Sep 30, 2022 • 5 tweets • 3 min read
Just as in 21 Feb-speech, #Putin uses the language of international law to spin his aggression as if #Russia is protecting human rights and self-determination of peoples, acting in self-defence, saving Russians from the aggressive West. Saying #Ukraine is aggressor. It's #lawfare Despite all ceremony to let it appear as if some legal event took place in fake "referenda" and now signing the annexation, this has no effect in international law, just like Crimea's annexation did not. Int'l law prohibits any state recognising territorial results of aggression.
Aug 6, 2022 • 12 tweets • 3 min read
Voor degenen die van de juridische details houden, draadje. In beginsel: mensenrechtenorganisaties zoals #Amnesty vervullen belangrijke taak door te signaleren als sprake is van schendingen zoals van #oorlogsrecht. Maar hier is het niet zo duidelijk dat dat ook geschonden is. In een gewapend conflict moeten beide partijen zich houden aan het oorlogsrecht, ongeacht wie de agressor is. Rusland is hier de agressor, Oekraïne verdedigt zich. Maar beide landen zijn gebonden aan regels die vooral dienen om onnodige extra burgerslachtoffers te voorkomen.
Feb 27, 2022 • 10 tweets • 7 min read
So let's go legal: Art 1 Genocide Convention provides for the obligation to prevent #genocide. Putin alluded to this in speech Monday when he claimed a genocide in #Ukraine and that they therefore could/had to intervene. This is false: it's not a justification for use of force. Plus there is no genocide in #Ukraine, so more form of gaslighting. See for further analysis of his argumentations to appear as if his armed force is lawful/legitimate instead of the violation of art 2(4) UN Charter and act of aggression that it is, this:
Feb 22, 2022 • 17 tweets • 10 min read
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
Feb 22, 2022 • 9 tweets • 6 min read
#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
Jan 26, 2022 • 43 tweets • 20 min read
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
Nov 13, 2020 • 28 tweets • 9 min read
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.
Nov 12, 2020 • 13 tweets • 3 min read
#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 >
Mar 23, 2020 • 10 tweets • 4 min read
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.
Aug 1, 2019 • 21 tweets • 9 min read
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