Cover Osteuropa 1-3/2022

In Osteuropa 1-3/2022

Russia’s Invasion of Ukraine
The War and Basic Questions of Law

Christian Tomuschat

Deutsche Fassung


Under international law, Russia’s invasion of Ukraine is an act of aggression. It is one of the most serious international crimes. Russia is obliged to make amends for all the consequences of this injustice. Admittedly, the United Nations’ Security Council is blocked by Russia’s veto. By international criminal law, Russia’s top commanders – with President Putin first among them – are personally guilty of serious war crimes, possibly even the crime of genocide. Nonetheless, prosecution by the International Criminal Court is unlikely to ensue. But because of the principle of universality, which applies to war crimes, it will also be possible to try the Russian generals in national criminal courts inasmuch as they can be apprehended.

(Osteuropa 1-3/2022, pp. 33–50)