On May 9th, 2025, an international coalition of almost 40 states, senior legal experts of the European Commission, the European External Action Service, the Council of Europe, and Ukraine, together officially endorsed the creation of a Special Tribunal for the Crime of Aggression against Ukraine. This represents a significant step toward holding Russia accountable for its illegal war and violations of international law. This blog post seeks to examine in greater detail the development, structure, and prospective functioning of the Tribunal, while situating it within the broader framework of international law. In parallel, it aims to formulate policy recommendations whereby Germany might continue its active support for Ukraine in the legal domain and reaffirm its commitment to upholding the rules-based international order.
Author: Elisabeth Hoffberger-Pippan
Court Orders Dutch Government to halt the Export of F-35 Parts to Israel: Implications for the War in Gaza and Beyond
In a landmark ruling in mid-February, the Hague Court of Appeal ordered the Dutch government to stop exporting parts for the Lockheed Martin F-35 Lightning II to Israel, citing the risk of serious violations of international humanitarian law if the F-35 were used for airstrikes in Gaza. Although it seems unlikely that the court order will have any significant impact on Israeli air operations, it raises a number of legal and political challenges to the global F-35 program, the U.S. Department of Defense’s most ambitious and most expensive weapons program to date.
Mass Evacuations in Israel’s War Against Hamas: Taking Precautions in Attack or Forced Displacement?
The attacks of Hamas against Israel were deeply shocking. Israel has a right to defend itself against Hamas and at the same time it is obliged to protect the civilian population of Gaza as far as possible from harm and injury. But Israel is currently facing a true dilemma. While Israeli Defense Forces try to evacuate as many residents as possible, Hamas uses civilians as human shields, including hostages. The humanitarian situation in Gaza is dire and mass evacuations further exacerbate the problem.
Chemical Attacks under the Convention against Torture: A New Possible Avenue?
On the 8th of June 2023, Canada and the Netherlands initiated proceedings at the International Court of Justice (ICJ) against Syria for violating the Convention against Torture (CAT) by inter alia using chemical weapons against the civilian population. This would be the first time ever that the ICJ had the opportunity to deal with chemical weapons in contentious proceedings. This blog post will briefly summarize the most pertinent legal questions and political implications that arise in the context of the ICJ proceedings. It will be demonstrated that the prohibition of chemical weapons is not based on a single legal framework. Rather, we need to look at the chemical weapons taboo comprehensively and from a perspective of multi-normativity.
