The art of legal warfare: How to deprive the aggressor state of jurisdictional immunities. The evidence from Ukraine

Abstract

States often refuse to enforce foreign court judgments relying on immunities guaranteed to each country by the UN Charter. However, when it comes to violations of jus cogens, a relevant question arises: can a state hide behind its own immunities, in the face of a blatant violation of international law? The question applys very well to the situation on the territory of Ukraine. The purpose of the article is to analyze the issue of sovereign immunities of states and current issues related to the deprivation of such immunities. In addition, the relevance of this issue on the example of the war in Ukraine will be examined. The four measures that the international community should take to punish the aggressor and prevent acts of aggression in the future, whether by Russia or any other state, will be suggested.