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3 Chi. J. Int'l L. Online 1 (2024)

handle is hein.journals/cojloinllw3 and id is 1 raw text is: 















    Justice from the General Assembly: An International
       Tribunal for the Crime of Aggression in Ukraine
                                     Graham M. Glusman*


                                       Abstract

       In February 2022,  the Russian Federation invaded the territo y of Ukraine, igniting the
 largestmilita y conflictin Europe since the end of the Second World War. After nearly twoyears
 of combat, considerable evidence has emerged that Russian forces have committed a multitude of
 international crimes throughout occupied Ukraine. While the ICC has jurisdiction overgenocide,
 crimes against humanity, and war  crimes committed on Ukraine's  territo y, it does not have
jurisdiction over the crime of aggression. As a consequence, those most responsible for launching
the invasion of Ukraine  are currently beyond the reach of internationaljustice. In the face of
Security Council stalemate and an absence of ICC authority, this Article argues that under the
powers  articulated in the 1950 Uniting for Peace resolution, the General Assembly has the
authority to convene an international tribunal capable ofprosecuting the crime of aggression in
Ukraine.   To  support this conclusion, this Article proceeds ibth an analysis of the crime of
aggression, prior relevant tribunals and related theories of delegation and conferral, and the
General  Assembly's  authority in the realm  of international peace, security, and justice. It
concludes that under a theory of delegatedjurisdiction from Ukraine and conferred authority from
the  General Assembly,  the international community has  the tools necessary to constitute an
international tribunal to prosecute the crime of aggression in Ukraine.







     Graham M. Glusman graduated from Columbia Law School and Amsterdam Law School i 2023
     with a J.D. and an LL.M. in International Crimial Law. He earned his B.A. from Columbia
     University i 2019. He is currently employed at a major law firm i New York where he focuses on
     international arbitration and white collar litigation. The author would like to extend his gratitude to
     Professor Lori Damrosch at Columbia Law School and Professor Tomas Hamilton at Amsterdam
     Law School for their frequent encouragement and ivaluable guidance throughout the writing
     process. The author would also like to thank the icredibly talented editors at CJIL. All opmions
     expressed in this Article are the author's own and do not reflect the views of the author's employer.


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