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The law of war

11 February 2022 / Simon Parsons
Issue: 7966 / Categories: Features , International justice
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Simon Parsons examines the remit & limitations of international law in averting global conflict
  • International law in the context of the current Russian military threat to Ukraine: options for peacefully settling disputes, and the measures available under international criminal law.

At the time of writing, Europe appears to be on the brink of a major war as the Russian Federation has amassed 100,000 troops on its border with Ukraine. It is unclear whether Russia intends to occupy the whole of Ukraine, setting up a puppet government, or whether it intends to take part of Eastern Ukraine as a buffer zone. Russia believes that Ukraine is in its sphere of influence and does not want it to join NATO. Russia is already threatened by the Baltic states being members of NATO, and wants NATO out of Eastern Europe. There have been talks with the US, but it is unlikely that the Russian demands will be met and that makes an invasion more likely.

President Putin has taken this action now because the

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MOVERS & SHAKERS

Boies Schiller Flexner—Tim Smyth

Boies Schiller Flexner—Tim Smyth

Firm promotes London international arbitration specialist to partnership

Katten Muchin Rosenman—James Davison & Victoria Procter

Katten Muchin Rosenman—James Davison & Victoria Procter

Firm bolsters restructuring practice with senior London hires

HFW—Guy Marrison

HFW—Guy Marrison

Global aviation disputes practice boosted by London partner hire

NEWS
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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