Московский журнал международного права (Sep 2023)
The Attempt to Universalise Domestic Jurisdictions: International Criminal Justice and Russia
Abstract
INTRODUCTION. Over the past two decades, the Western bloc has intensified pressure on Russian Federation through attempts to expand its area of influence as well as to interfere in the domestic affairs of Eastern Europe countries. Russia's response to what it perceives as a threat to its interests has been met with recourse to all available means, including international criminal justice. This paper proposes the identification of legal proceedings brought in the last decade before the International Criminal Court and critically examines the possibility of triggering domestic jurisdictions against Russian or Ukrainian citizens associated with Russia, in order to assess the legality of the ongoing actions and the solutions that international law presents.MATERIALS AND METHODS. This paper first gives a brief overview of international justice cases started in the last decade against the Russian Federation and persons allegedly associated to Russian interests. It will then go on to focus the analysis exclusively on international criminal justice aspects, which are of interest because of the potential friction they may cause for international peace and security. Highlighting previous international courts decisions as well as the evolution of customary law, the fourth chapter is concerned with the activity of the International Criminal Court worldwide and the attempts made by the Western bloc to expand the jurisdiction of the Hague-based court in order to increase pressure over countries out of Western countries sphere of influence. After an inroad into the particular features and dangers of the principle of universal jurisdiction, the last two sections will explore the peaceful means to settle international disputes as well as the final thoughts on the main focus of this study.RESEARCH RESULTS. Having in mind customary international law, the inherent nature of treaty law and decisions derived from international judicial bodies, campaigns launched against the Russian Federation before criminal courts, regardless of whether they are national courts or they have an international mandate resulting from international treaties, are more able to aggravate the tension between Russia and the Western bloc than to settle any specific dispute between these two sides.DISCUSSION AND CONCLUSIONS. The results in this paper indicate that any unilateral attempt developed by a State or a group of States to pursue a campaign against third States and persons outside the UN environment in order to bring any of them to face justice under a specific group of States’ values and principles is deemed unlawful. Therefore, such State or group of States are only able to settle disputes through options that are less likely to increase the level of threat against international peace and security.
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