06 June 2025
A New Look at Confiscating Russian Assets
In the near future, the European Court of Human Rights (ECtHR) may issue its first compensation awards against Russia for its conduct in the war in Ukraine. When that happens, the question of how to enforce such awards will become paramount. Given Russia’s lack of cooperation, claimants may seek to enforce compensation awards in third states holding Russian assets, a promising yet untested avenue. Drawing from a recent report by Open Society Justice Initiative (OSJI), this post explores some of the legal hurdles this avenue entails as well as some of its broader implications. We believe that this approach could be a limited but significant instrument to redress harm for victims of human rights abuse committed in the war. Continue reading >>
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02 June 2025
Peace at What Price?
In recent months, a growing number of voices – from political figures such as U.S. President Donald Trump and Slovak Prime Minister Robert Fico to various public opinion polls – have suggested that a resolution to the war in Ukraine may require Kyiv to cede some of its territory to Russia. These arguments, now gaining renewed attention as peace talks have begun, frame territorial concessions as a pragmatic step toward ending the conflict. Ceding Ukrainian land under these conditions, however, would reward historical revisionism as a geopolitical strategy and set a dangerous precedent in international law. Continue reading >>
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07 February 2025
Memory-driven Foreign Policy
The German debate on whether and to what extent Germany should support Ukraine in its war against Russia with arms supplies is closely linked to Germany’s collective memory. For a long time, Germany's guilt for the crimes of occupation during the Second World War was largely associated with Russia – and not with Ukraine and Belarus. It is only since the Russian invasion in 2022 that the highest levels of the German government have begun to recognize the special responsibility Germany has towards Ukraine, a responsibility that also stems from the memory of the Second World War. Along with this change, it can be observed that the imperative of ‘never again’, closely tied to the German memory of the Second World War and especially of the Holocaust, is gradually being formulated in more abstract terms in historical-political debates, despite some resistance. Continue reading >>
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07 February 2025
Drei Milliarden Euro als Verfassungsfrage
In den letzten Wochen debattierte die deutsche Politik erneut über eine Erhöhung der Ukraine-Unterstützung. Konkret geht es um finanzielle Mittel in Höhe von drei Milliarden Euro. Alle relevanten politischen Akteur:innen haben sich dafür ausgesprochen, der Ukraine die Mittel schnellstmöglich zuzusagen. Streitpunkt bleibt aber – wie so oft in der jüngeren Vergangenheit der bundesrepublikanischen Politik – die finanzverfassungsrechtliche Umsetzung des Vorhabens. Die Verfügung über drei Milliarden Euro wird für die drittgrößte Volkswirtschaft der Welt mit einem Haushaltsvolumen von knapp 500 Milliarden Euro zur Verfassungsfrage. Continue reading >>
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05 February 2025
The Baltic Politics of Post-War Accountability for Russia
Will the Russian war against Ukraine prove to be a watershed moment for the implementation of international criminal law on the aggressor? This contribution focuses on the Baltic states’ accountability-seeking for Russia as the politics of deterrence by legal means and a struggle for historical justice. Continue reading >>
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06 January 2025
Territorial Concessions to the Aggressor
How can Russia’s war of aggression against Ukraine be brought to an end? With recent proposals by the Trump transition team, a possible peace treaty with Ukraine and Russia is gaining renewed attention. Gregory Fox predicts that “territorial transfers […] would likely be at the heart of any agreement”. The rule on coerced treaties (Art. 52 VCLT) poses a major legal obstacle to territorial concessions to an aggressor state. Under that rule, a treaty is void if its conclusion has been procured by an unlawful threat or use of force. That notwithstanding, a treaty invalid under Art. 52 VCLT can be validated by the UN Security Council (UNSC), a solution that is also compatible with jus cogens. Continue reading >>
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25 December 2024
Merry Christmas, with Hope from Ukraine
In the depths of this dark winter, Shchedryk—the song born from Ukraine’s heart— shines as a gift to the world. It is a testament to Ukraine's resilience, its cultural spirit, and its undying hope for renewal and freedom. As the familiar chimes of Carol of the Bells ring through the air this Christmas, let us hear them not only as a celebration of holiday joy but also as a reminder of Ukraine’s fierce struggle for sovereignty and peace. Merry Christmas, with hope from Ukraine. Continue reading >>
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03 September 2024
When Words Really Matter
It has been over 900 days since Russia launched its so-called ‘three-day crusade’ to capture Kyiv. The way we talk about Russia’s invasion of Ukraine has far-reaching implications, not only for public perception but also for international policy and accountability. How we label this conflict—whether we call it the ‘war in Ukraine’ or ‘Russia’s war against Ukraine’—influences how we understand responsibility, justice, and the path to peace. Continue reading >>
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09 August 2024
Wartime Constitutionalism and the Politics of Constitutional Review in Ukraine
On 18 July 2024, Ukraine’s Constitutional Court issued a decision concerning the rights of the accused in criminal proceedings under martial law. The extension of detention, the Court ruled, can only be issued based on a reasoned court decision—this applies even in times of war. In this blogpost, we examine how the war has influenced the ways in which various actors engage with constitutional complaints, before discussing the Constitutional Court's recent decision on Article 615.6 of the Criminal Procedure Code. We argue that this ruling exemplifies how the Constitutional Court can maintain the relevance and practical significance of its decision-making in wartime. Continue reading >>
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