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Panel II: Adjudicating Atrocities from the Russia-Ukraine War: Can It Be Done, In What Tribunals, and Should There Be Limits?

Many experts have asserted that Russia has committed acts that are war crimes and crimes against humanity. Some allege that Russia has also commited genocide. Others assert that the invasion itself may be prosecuted as the crime of aggression, which is a controversial concept.

This panel will examine each of these offenses and the tribunals available to try them. These may include national courts, a hybrid national/international court, and an ad hoc tribunal for the prosecution of aggression. The International Criminal Court is more problematic, because neither Russia nor Ukraine has joined, although some argue it has jurisdiction nonetheless. The Panel will also analyze the legal, technical, and logistical issues concerning the prospective tribunals. Finally, it will consider whether it is wise to use all of these tribunals, as a matter of sound policy and the overall good of the international order.

Featuring:
-Hon. Beth Van Schaack, Ambassador At-Large, Global Criminal Justice, United States Department of State
-Prof. Michael A. Newton, Director, International Legal Studies Program, Vanderbilt University Law School
-Prof. Jeremy A. Rabkin, Professor of Law, Antonin Scalia Law School, George Mason University
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Moderator: Matthew R. A. Heiman, General Counsel & Corporate Secretary, Waystar Health; Senior Fellow and Director of Planning, National Security Institute

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.