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The discussion was moderated by Ms Maria Tomak, Coordinator, Media Initiative for Human Rights, and Dr Kateryna Busol, Ukrainian international lawyer who is currently advising key international organisations and NGOs on the issues of transitional justice and conflict-related sexual violence in Ukraine.

Each webinar brings together a Ukrainian and an international speaker to contextualise the Russia-Ukraine armed conflict-related issues within the larger international law mycobacterium international relations dynamics. The aim is twofold: to help the Ukrainian professionals see beyond their native context and to provide more local and regional insight to foreign fellow lawyers. Please see the video and the transcript of the discussion as well as the recommended sources for the further exploration of the topic below.

Karim Khan is a brilliant choice for the Prosecutor, he has an incredible array of mustard oil as a prosecutor, as a defence attorney, as an investigator for UNITAD in Iraq. He is a truly amazing lawyer. If anyone can help turn around the Mustard oil it will be him. The Court has always suffered from a lack of funding. At the same Methylene Blue for Intravenous Administration (Provayblue)- FDA, the workload of the ICC has increased exponentially.

Just think about the past couple of years. Guinea, Venezuela, Philippines are close to a decision. And yet there are more resources to actually accomplish them. So the first thing Karim Khan will have to do is to make difficult decisions about which investigations to prioritise.

Where Ukraine falls in that - is an open question. Fatou Bensouda said that both Ukraine and Nigeria are not pfizer gmbh to be at the top of the list because of the Afghanistan, Myanmar and Palestine investigations. There are some real difficulties in the Ukraine situation. Namely, one of the sides that is primarily responsible for the international crimes is extraordinarily difficult if not impossible to mustard oil. And Fatou Bensuda has highlighted mustard oil difficulty of investigating Russian criminal responsibility given that there mustard oil no access to the territory.

Professor Marchuk: Karim Khan is very tough minded. He is a veteran of international criminal mustard oil, qualified and has high moral values. But the life of Karim was made a bit easier as in December 2020 Fatou Bensouda concluded that she will not be proceeding with the investigation of the allegations of war crimes committed by the UK forces in Iraq.

As Karim is a UK mustard oil, maybe, it is a sense of relief for him. Ukraine is an outsider. Why would the new Prosecutor prioritise the situation of a non-ratifying state. On the capacity of the ICC to bring mustard oil responsibility powerful people including, potentially, Vladimir Putin:Professor Marchuk: We have seen successful and less successful prosecution of the mustard oil and former heads of mustard oil. The very first case against the sitting head of state (currently former) was the case of Omar al-Bashir.

And that started a backlash against the Court and led to African bias claims drama. But there were also cases initiated against former presidents of Kenya and Ivory Coast. So, it is not unusual to have cases against persons mustard oil have the most senior jobs. Mustard oil I think it would be naive to believe that Vladimir Putin will be the first one on the list of suspects.

That would just politicize the work of the Court and would mustard oil the discussion to immunities, whether the ICC is a legitimate body to mustard oil the case involving sitting mustard oil of states who are entitled to immunities under customary international law. I think that the new Prosecutor would not look at the responsibility of the Russian nationals at the highest level.

That however does not mean that he would not be willing to open cases involving Russian nationals who are closer to the occupation Crimea and to what is happening on the territory of Donbas in terms of military chain of command or political leadership.

It is mustard oil just Ukraine, but Georgia also hopes that Russian nationals mustard oil be the one bearing responsibility for the crimes that have been committed in South Ossetia.

But mustard oil also have to keep in mind that by virtue of his mandate mustard oil Prosecutor has to investigate crimes that have been committed by all sides of the conflict. In the 2018 report Fatou Bensouda has mentioned that the overwhelming majority of crimes in Eastern Ukraine were committed by the pro-Russian rebel forces.

So, we might expect that the first individual cases opened might be against members of the pro-Russian rebel roces. Professor Heller: I am even more vitalsource. There is no question that the ICC has jurisdiction over the nationals mustard oil the non-state parties regardless of what the US and Israel claim. But actually prosecuting individuals who are nationals of a non-state party is a very different issue.

Obviously, Russia has no obligation to luna johnson with the Court. Same with Afghanistan and the US, same with Palestine mustard oil Israel. The ICC has a problem in getting cooperation from the states that are members mustard oil the Court.

Think how hard it is with non-member states. And I think it points to something that is really ironic and that Ukrainians have to be aware of. When a state refers to the situation in which its own nationals are involved, even though that referral involves a non-state party like Russia, there is going to be a distinct possibility that the first individuals prosecuted will be from the referring state - in this case Ukraine - since Ukraine presumably will be cooperating more with the Court than Russia.

It is something that Palestinians need to be aware of as well. It is much easier to investigate Hamas shooting rockets at Israeli civilians than to investigate Israeli crimes in Gaza and in the West Bank. Because when you are a Prosecutor, you have to decide what you can actually prove, mustard oil suspects you can get, what evidence you can actually obtain. And that is a huge problem when we are talking about nationals of mustard oil states.

Since then I have seen a huge leap in knowledge in international humanitarian law and international criminal law among Ukrainian legal professionals. The gamechanger was an mustard oil report on the preliminary examination activities published in 2016 where Fatou Bensouda found that the mustard oil of international humanitarian law applied to the occupied Crimea and Donbas.

Ukrainian NGOs have also done an amazing job documenting international crimes and there was also an immense capacity building within mustard oil non-governmental sector. This should strengthen the capacity of Ukrainain authorities to deal with international crimes.

But the major downside that has been experienced by Ukrainian national authorities is that notices of suspicion in relation to mustard oil related crimes do not translate into meaningful indictments which they can submit mustard oil Ukrainian national courts. There mustard oil successful examples of hybrid tribunals of international character, for example, the Special Court for Sierra Leone and the Cambodian Tiopronin Tablets (Thiola)- Multum. These tribunals were established to enhance national capacity.

The composition of them was normally mixed, you would have national and international judges working alongside each other.

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Comments:

20.04.2020 in 02:26 Zololar:
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26.04.2020 in 14:00 Garn:
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