All you need to know about the ICC’s arrest warrant for Putin

 

PIL DOCTRINE:  COMMAND RESPONSIBILTY - In international criminal law, the principle of command responsibility allows for commanders to be held criminally liable for crimes committed by their subordinates. This will apply if the commander was in a position to prevent crimes committed by forces under their effective control and knew or should have known that the crime would be committed. 

PIL DOCTRINE: COMMAND RESPONSIBILITY EXTENDS TO CIVILIAN LEADERS - The power or authority to prevent or to punish does not arise solely from a de jure authority conferred through official appointment. Hence, “as long as a superior has effective control over subordinates, to the extent that he can prevent them from committing crimes or punish them after they committed the crimes, he would be held responsible for the commission of the crimes if he failed to exercise such abilities of control.” The effective control test applies to all superiors, whether de jure or de facto, military or civilian.

"Unlawful Transfer of Children: ICC Issues Arrest Warrants for Putin and Lvova-Belova"

The International Criminal Court (ICC) issued arrest warrants for Russian President Vladimir Putin and official Maria Lvova-Belova over the unlawful transfer of children from Ukraine to Russia. The ICC believes Putin bears individual responsibility for the crimes, either directly or through others. The arrest warrants do not have a practical means of enforcement, and Russia dismissed the move as "null and void." Despite the unlikely chance of Putin's capture, the ICC's investigations may lead to further consequences, as war crimes can also be prosecuted in Ukraine's own courts, and a new tribunal is being planned to prosecute the Russian invasion as a crime of aggression.

SOURCE: Al Jazeera 

Link: https://www.aljazeera.com/news/2023/3/17/all-you-need-to-know-about-the-iccs-arrest-warrant-for-putin

ICJ hears Israel Genocide case: South Africa brings case to UN's highest legal body

PIL DOCTRINE: The Principle of Distinction between Civilians and Combatants: The parties to the conflict must at all times distinguish between civilians and combatants. Attacks may only be directed against combatants. Attacks must not be directed against civilians

South Africa Accuses Israel of Genocide in Gaza

South Africa has filed a legal case against Israel at the International Court of Justice in The Hague, accusing it of genocide in Gaza. The case claims Israel killed over 17,000 Palestinians between October and December last year and expelled 85% of the population. South Africa's legal team argues Israel's actions are similar to crimes committed during apartheid and will compare it to apartheid-era crimes. Israel denies all accusations, arguing its actions are self-defense. A final ruling could take months or years, but immediate measures may be announced soon.

Source:  AL JAZEERA Youtube Channel

 

UN to vote on resolution saying Russia must pay reparations

A firefighter searches for survivors amidst the ruble.

PIL DOCTRINE: STATE SOVEREIGNTY The sovereignty of a state is confined to a defined piece of territory, which is subject to the exclusive jurisdiction of the state and is protected by international law from violation by other states. Although frontier disputes do not detract from the sovereignty or independence of a particular state, it is inherent in statehood that there should be a core territory that is subject to the effective control of the authorities of the state.

"UN General Assembly to Vote on Resolution Holding Russia Accountable for Ukraine Invasion" The UN General Assembly is set to vote on a resolution calling for Russia to be held accountable for violating international law by invading Ukraine, including paying reparations. The draft resolution proposes establishing an international mechanism for reparations and recommends creating an international register to document damage, loss, or injury caused by Russia's actions. While not legally binding, the resolution reflects world opinion and has demonstrated widespread opposition to Russia's military action.

The General Assembly resolution reaffirms the UN's commitment to Ukraine's sovereignty and demands Russia to cease use of force against Ukraine, withdraw its forces, and address the humanitarian crisis, all of which have been violated by Russia's aggression. The vote count in the assembly has fluctuated, with a significant decrease on the third resolution to suspend Russia from the Human Rights Council. The most recent vote on Oct. 12 showed overwhelming support for condemning Russia's annexation of four Ukrainian regions and demanding its reversal.

Source: Associated Free Press

Link: https://apnews.com/article/russia-ukraine-putin-europe-united-nations-international-law-0f7603e6fd328e872cdb4137709eaef7