
Contents
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I. Introduction: Identifying Pertinent Crimes I. Introduction: Identifying Pertinent Crimes
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II. Law and Policy II. Law and Policy
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III. Criminalizing Genocide by Multilateral Treaty III. Criminalizing Genocide by Multilateral Treaty
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IV. Judicial Remedies IV. Judicial Remedies
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V. Universal Jurisdiction and Extradition V. Universal Jurisdiction and Extradition
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VI. The Defense of Superior Orders VI. The Defense of Superior Orders
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VII. The Principle of Universality VII. The Principle of Universality
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VIII. The Relevance of “Soul” VIII. The Relevance of “Soul”
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IX. The Primacy of Death IX. The Primacy of Death
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X. Conclusion: Making Anti-Genocide Norms Work X. Conclusion: Making Anti-Genocide Norms Work
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Russian Crimes Against Humanity in Ukraine: Backgrounds of Aggression and Genocide Under International Law
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Published:November 2024
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Abstract
Ongoing Russian crimes against humanity in Ukraine are overwhelming and intersecting. Defined at the Charter of the International Military Tribunal (Aug. 8, 1945, Art. 6(c), 59 Stat. 1544, 1547, 82 U.N.T.S. 279, 288), these crimes underscore the continuing futility of “Westphalian” international law. Nonetheless, for the foreseeable future, realpolitik will remain the tangible geo-strategic context for operational international law, and new ways will still be needed to reconcile core normative obligations with particular state practice. In the final analysis, there can be no narrowly technical solutions to aggression and genocide, only functional legal mechanisms based on planetary interdependence and human “oneness.” To prevent future crimes against humanity of the sort being brought about by Vladimir Putin, our continuously fragile system of international law will need to be based more openly upon immutable connections between macrocosm (world legal order) and microcosm (individual human being).
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