In this special episode, I discuss aspects of the Russian invasion of Ukraine with Professors Eliav Lieblich of Tel Aviv University Faculty of Law, Marko Milanovic of the University of Nottingham School of Law, and Ingrid Wuerth of Vanderbilt University School of Law. The focus of our discussion is how we should be thinking about what this war means for the jus ad bellum regime and the collective security system. While the invasion is clearly an unlawful and egregious act of aggression, have unlawful uses of force by Western states served to weaken the system in a way that is in any way relevant to the current conflict? Has the focus on humanitarian issues, and human rights law more generally, somehow similarly weakened the system? Should this war be understood as a failure of the collective security system? Is there a risk that the wrong lessons may be drawn from the conflict, particularly in the area of nuclear non-proliferation? And, perhaps most importantly, how should we begin to think about restoring or even reforming both the jus ad bellum regime and the collective security system more broadly? A fascinating discussion about hugely important issues.
Materials:
– Marko Milanovic, “What is Russia’s Legal Justification for Using Force in Ukraine,” EJILTalk!, Feb. 24, 2022.
– Ingrid Wuerth, “International Law and the Russian Invasion of Ukraine,” Lawfare, Feb. 25, 2022.
– Eliav Lieblich, “Not Far Enough: The European Court of Human Rights Interim Measures on Ukraine,” Just Security, Mar. 7, 2022.
– Monica Hakimi, Twitter thread exploring legal distinctions between Western violations of Art. 2(4) from the current Russian act of aggression.
Recommended Reading:
– Nicholas Mulder, The Economic Weapon: The Rise of Sanctions as a Tool of War (2022).
– International law blogs: EJILTalk!, Opinio Juris, Just Security, Lawfare, Armed Groups and International Law.
– Ruys, Tom, et al., The Use of Force in International Law: A Case-Based Approach (2018).