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The Future of Public and Private International Law examines the repercussion of the ongoing Russian invasion of Ukraine
Thursday, February 24, The Future of Public and Private International Law program kicked off with an online opening ceremony and keynote panel on the Russia-Ukraine conflict.
This session is part of the Salzburg Cutler Fellows Program, which helps outstanding law students from the top US law schools explore timely legal issues and develop leadership skills and connections needed to forge careers in international law to shape a better world.
Chaired by William Burke-White, Richard Perry Professor, Inaugural Director of Perry World House and Professor of Law at Penn Law School, the session had three speakers: John B. Bellinger III, Partner at Arnold & Porter LLP and Former Legal Adviser to the US Department of State and National Security Council; Pavel Baev, Research Professor at Peace Research Institute Oslo, Senior Non-Resident Fellow at Brookings Institution and Senior Research Associate at French International Affairs Institute; Svitlana Starosvit, S.J.D. student at Harvard Law School, Research Assistant at Harvard’s Law School’s Program on International Law and Armed Conflict and Former employee at the Ministry of Foreign Affairs of Ukraine and Ministry of Justice of Ukraine.
Conducted under Chatham House Rule, the panel allowed for a more open and intimate discussion.
This opening keynote session looked to cover the following points:
The Cutler Fellows Program is always looking to respond to current world events, but this session happened at a particularly crucial time in history, as the most “notable use of force that we have ever seen on the European continent since World War II” was happening simultaneously.
“Participating in the inaugural Cutler Fellows panel on such an infamous evening as tanks advanced into Kyiv, hearing from a former Ukrainian parliamentary member and Former Legal Adviser to the State Department and National Security Council, to make sense of it all, was inspiring and surreal”, said Donna Faye Imadi from the University of Virginia, after the event.
One of the points that emerged from the panel discussion was how much the language of international law is part of the political narrative that Russia is trying to develop for this war. It was also mentioned that this conflict is a consequence of the lack of response from the international community back in 2014, when Russia invaded Crimea after the peninsula declared its independence from Ukraine.
As Donna explained, “The analysis and commentary on the implications of the Russian invasion for international law illuminated the importance of what the Cutler Fellowship is about, in its mission to mentor and nurture the next generation of international lawyers to address questions such as: ‘What enforcement capabilities does international law hold when art. 2(4) has been violated by a United Nations Security Council (UNSC) member? What does this mean for the UNSC? Will War Crime Tribunals be a tool for enforcement?’”
Other questions that emerged from the Fellows included:
This session gave the Fellows the opportunity to make sense of this conflict happening before their eyes, as Antoine De Spiegeleir from Yale University reflected.
“Being from Europe and connected to people currently in Ukraine and Russia, I've spent the last week glued to the news and social media, somewhat numbed by what is happening. (…) The tensions between various vantage points on the conflict were powerfully embodied in yesterday's session. The speakers navigated various aspects of the crisis brilliantly and brought to the fore many important considerations in a clear and direct fashion, rather than the typically sinuous reasoning so many legal scholars embrace. I'm deeply grateful for the opportunity to witness and participate in this intimate yet top-notch conversation and I cannot wait to embark on the rest of my adventure as a new Cutler Fellow.”
When asked what they were hoping to get out of this session and program, Fellows had plenty to say.
“I am enthused to be a part of a community dedicated to scholarship and advancement of democracy, freedom, and a rules-based order. Especially in this precarious moment in global history, calling upon us to be innovative, creative, and analytical in our approach toward the future. I am looking forward to working with my colleagues on our scholarship. And moreover, to nurturing lifelong friendships through shared passion of advancing justice and peace”, said Donna.
Similarly, Antoine is hopeful about the network and community around the Salzburg Cutler Fellowship. “It is obvious to most that a diverse network of international lawyers can have a profound impact on someone's personal and professional growth but it is never so clear as when you effectively get the chance to meet and exchange with other students, professors, and practitioners as in the context of the Cutler Fellowship program. I'm excited for what's to come!”
After the session, John Bellinger wrote an article about how “Russia’s invasion of Ukraine violates the UN Charter and cannot be justified under international law as an act of self-defense or humanitarian intervention.” Read the full article here.