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“Strict” versus “Qualified” Neutrality
The support neutral States are providing Russia and Ukraine has ignited a debate over neutrality. It is one of existential magnitude for Ukraine. Indeed, the survival of Kyiv in early 2022 can be attributed in significant part to external support, particularly the...
Ukraine Symposium – Russia’s “Re-Education” Camps: Grave Violations Against Children in Armed Conflict
On March 17, 2023, the International Criminal Court (ICC) issued arrest warrants for Russian president Vladimir Putin and Maria Lvova-Belova, Commissioner for Children’s Rights in the Office of the President of the Russian Federation. The warrants allege that Putin...
Ukraine Symposium – The Law of Crowdsourced War: Democratized Supply Chains – Part II
In the first of this two-part post addressing the legal and practical implications of democratized supply chains, I focused on the individual risks that those who engage in these activities incur. I explored whether their actions can amount to direct participation in...
Balloons are Not Always Joyful: The Legality of Downing the Chinese Spy Balloon
On January 28, 2023, a Chinese high-altitude balloon (HAB) entered U.S. airspace near Alaska and, after transiting Canadian airspace, continued its voyage from the west to the east coast. On February 4, 2023, the United States shot down the HAB over the territorial...
U.S. Evidence Sharing with the ICC
The U.S. Supreme Court often reminds our government that it must speak with one voice in the world. This is no less true within an administration than it is across the federal branches or with respect to the community of States. From 1793 when George Washington...
Ukraine Symposium – Seizure of Russian State Assets: State Immunity and Countermeasures
On 24 February 2023, the United Kingdom (UK) government objected to the Seizure of Russian State Assets and Support for Ukraine Bill in the House of Commons, proposed legislation that would require the government to put measures in place to seize frozen Russian State...
Dimensions of Russian Aggression and the International Legal Order
Russia’s war against Ukraine has many dimensions: conventional, economic, cyber, informational, and cultural. Recent research, prepared by the Economic Security Council of Ukraine in cooperation with the State Service of Special Communication and Information...
Ukraine Symposium – The Wagner Group: Status and Accountability
Since Russia commenced its full-scale invasion of Ukraine in February 2022, the Wagner Group has come out of the shadows. Used by the Kremlin as an alternative fighting force since 2014, the private military company (PMC) now operates with a much greater degree of...
The US Space Force at 3: Growing Dangers for a Growing Branch
On 20 December 2022, the US Space Force (USSF) will celebrate the third anniversary of its creation—an anniversary that comes at the end of a year rife with space-related challenges. The after-effects of Russia’s November 2021 kinetic anti-satellite (ASAT) missile...
Ukraine Symposium – State Responsibility for Non-State Actors’ Conduct
The conflict in Ukraine is international in character, but it nevertheless involves numerous private individuals and groups. These include Ukrainian civilians acting to protect their homeland, foreign fighters, military contractors, and private hackers conducting...
Ukraine Symposium – The Complicity of Iran in Russia’s Aggression and War Crimes in Ukraine
In recent days Russia has attacked Kyiv and other Ukrainian cities using Iranian-made “kamikaze drones” or loitering munitions. While the EU is looking for “concrete evidence” that Iran has sold these weapons to Russia, a spokesman for the Iranian Foreign Ministry has...
Ukraine Symposium – Russian Preliminary Objections at the ICJ: The Case Must Go On?
As readers of Articles of War may recall, Ukraine instituted proceedings against Russia before the International Court of Justice (ICJ) on February 26, 2022, on the basis of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide...