’Putin is abusing international law’

The Russian attack on Ukraine is a clear infringement of one of the most basic principles in international law of the United Nations: the prohibition of violence. In addition, Russian troops in Ukraine are repeatedly acting in contravention of the rules of humanitarian international law. But what options are available to bring those responsible to court? In this interview, Christian Marxsen from the Max Planck Institute for Comparative Public Law and International Law explains which courts are responsible and what the impact of a guilty verdict over the perpetrators might be. Dr. Marxsen, who can call Putin to account legally for his offensive war, which is after all prohibited in international law? Christian Marxsen : In principle, the first body that would be involved would be the UN Security Council, which would be responsible for condemning Russia's behaviour. As we know, this won-t happen, since Russia has the right of veto there. Instead, the UN General Assembly has condemned the war being pursued by Russia with a large majority of 141 states. This carries great importance for the way all of Russia's actions are perceived by the international community. This makes it unequivocally clear that this war is in contravention of international law. What consequences will this have? No direct ones. Only the Security Council can announce sanctions; the General Assembly cannot. The condemnation is therefore merely symbolic. While it is important, it does not have any direct consequences. Many people would love to see Putin appear before a court of law one day. Which court would be responsible for such a war crimes trial?
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