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All Outputs (60)

Fertile or futile grounds for excluding criminal responsibility? A critical analysis of the Ongwen judgment in relation to the claim of coercive environment (2023)
Journal Article
Nortje, W., & Quénivet, N. (2023). Fertile or futile grounds for excluding criminal responsibility? A critical analysis of the Ongwen judgment in relation to the claim of coercive environment. International Criminal Law Review, 23(5-6), 675–704. https://doi.org/10.1163/15718123-bja10158

Dominic Ongwen was convicted and sentenced for numerous atrocities by the International Criminal Court (icc) in 2021. The Defence focused on the coercive environment that Ongwen was subjected to from his abduction as a boy until his surrender as an a... Read More about Fertile or futile grounds for excluding criminal responsibility? A critical analysis of the Ongwen judgment in relation to the claim of coercive environment.

The criminalization of solidarity in today's European Union (2023)
Book Chapter
Quenivet, N., Dadomo, C., & Tava, F. (2023). The criminalization of solidarity in today's European Union. In European Solidarity - Interdisciplinary Perspectives (313-345). Colchester: ECPR Press

European solidarity is a contested concept. Social groups and political parties with different ideological orientations across the European Union often try to impose their own conception of solidarity to the detriment of alternative interpretations.... Read More about The criminalization of solidarity in today's European Union.

Understanding the link between contested territories, war crimes and economic crimes - prosecution and prevention (2023)
Presentation / Conference
Quenivet, N. (2023, June). Understanding the link between contested territories, war crimes and economic crimes - prosecution and prevention. Presented at Economic Crime, Cybercrime and Economic Security in Ukraine, University of Portsmouth

After presenting the concept of war crimes, this presentation explores whether economic crimes (in a wide understanding of the concept) committed in the occupied territories of Ukraine can be prosecuted as war crimes. The second part of the presentat... Read More about Understanding the link between contested territories, war crimes and economic crimes - prosecution and prevention.

Violations of international humanitarian law and human rights in Ukraine: The damning reports of the UN and the OSCE (2023)
Presentation / Conference
Quenivet, N. (2023, June). Violations of international humanitarian law and human rights in Ukraine: The damning reports of the UN and the OSCE. Presented at Russia’s War in Ukraine and International Law, Online

The paper presents the findings of the OSCE and UN reports on the conflict in Ukraine. It focuses on two issues: the treatment of prisoners of war and the protection of children (notably against forcible transfer).

Imagine you were a judge of the Nuremberg trials and you were sent to the ICC in 2020 (2023)
Presentation / Conference
Quenivet, N. (2023, February). Imagine you were a judge of the Nuremberg trials and you were sent to the ICC in 2020. Presented at The Nuremberg Principles: The Contemporary Challenges, Washington DC

The premise of my presentation today is that the definition of war crimes in the Nuremberg Principles is a ‘mother’ definition, one that can lead to the criminalisation of further violations of international humanitarian law. After all, Principle VI(... Read More about Imagine you were a judge of the Nuremberg trials and you were sent to the ICC in 2020.

Casting the net wider: A critical analysis of the sentencing criteria in the Ongwen case at the international criminal court (2022)
Presentation / Conference
Quenivet, N., & Nortje, W. (2022, October). Casting the net wider: A critical analysis of the sentencing criteria in the Ongwen case at the international criminal court. Presented at Lights and Shadows in the Ongwen Case at the International Criminal Court: Inter- and Multi-disciplinary Approaches, University of Iyvaskyla (Finland) - Online

Throughout history, children have been involved in armed conflict both as victims and perpetrators. The international community, at the end of the last century, finally signalled its intention to hold to account those responsible for conscripting and... Read More about Casting the net wider: A critical analysis of the sentencing criteria in the Ongwen case at the international criminal court.

Territorial conflicts on the territory of the former Soviet Union. Stabilised de facto regimes between territorial integrity, the right of self-determination, and the interests of third parties (2022)
Presentation / Conference
Quenivet, N. (2022, September). Territorial conflicts on the territory of the former Soviet Union. Stabilised de facto regimes between territorial integrity, the right of self-determination, and the interests of third parties. Presented at Jahrestagung der Görres-Gesellschaft 2022, Aachen, Germany

Since the fall of the Soviet Union, eight non-State entities have appeared on its territory, each claiming independence, if not statehood: Abkhazia (Republic of Abkhazia), Chechnya (Republic of Ichkheria), Crimea (Republic of Crimea), Donetsk People’... Read More about Territorial conflicts on the territory of the former Soviet Union. Stabilised de facto regimes between territorial integrity, the right of self-determination, and the interests of third parties.

Disrupting classic paradigms of justice after an armed conflict: The child soldier phenomenon (2022)
Presentation / Conference
Quenivet, N. (2022, August). Disrupting classic paradigms of justice after an armed conflict: The child soldier phenomenon. Presented at Situating Justice in Armed Conflict: Can there Be Just Wars?, Indian Law Institute, New Delhi, India

It is estimated that worldwide tens of thousands of children are associated with armed forces and groups. Whether they have been forcefully integrated into these groups or have voluntarily joined their ranks, the reality is that such children are exp... Read More about Disrupting classic paradigms of justice after an armed conflict: The child soldier phenomenon.

The conflict in Ukraine and genocide (2022)
Journal Article
Quenivet, N. (2022). The conflict in Ukraine and genocide. Journal of International Peacekeeping, 25(2), 141-154. https://doi.org/10.1163/18754112-25020004

Since the beginning of the conflict between Russia and Ukraine that started on 24 February 2022 accusations of genocide have been levelled against each other by both sides. This article focuses on the claim that Russia is carrying out a genocide in U... Read More about The conflict in Ukraine and genocide.

International Conflict and Security Law (2022)
Book
Sayapin, S., Atadjanov, R., Kadam, U., Kemp, G., Zambrana-Tévar, N., & Quénivet, N. (Eds.). (2022). International Conflict and Security Law. Springer. https://doi.org/10.1007/978-94-6265-515-7

This unique two-volume book covers virtually the whole spectrum of international conflict and security law. It proceeds from values protected by international law (Part I), through substantive rules in which these values are embodied (Part II), to in... Read More about International Conflict and Security Law.

Protecting unaccompanied children in the UK (2021)
Book Chapter
Dadomo, C., Quénivet, N., & Querton, C. (2021). Protecting unaccompanied children in the UK. In M. D. Panforti, & C. Valente (Eds.), Protecting Unaccompanied Children: Towards European Convergence (303-325). Mucchi Editore

Binding the United Nations to customary (human rights) law (2020)
Journal Article
Quénivet, N. (2020). Binding the United Nations to customary (human rights) law. International Organizations Law Review, 17(2), 379-417. https://doi.org/10.1163/15723747-20181138

Whilst most legal scholarship focuses on the responsibility of the United Nations for human rights violations few studies have ascertained the legal basis of the primary rules leading to such responsibility. This article fills this gap by reviewing t... Read More about Binding the United Nations to customary (human rights) law.

Child Soldiers and the Defence of Duress under International Criminal Law (2019)
Book
Nortje, W., & Quenivet, N. (2019). Child Soldiers and the Defence of Duress under International Criminal Law. Palgrave Macmillan

This book investigates the use of duress as a defence in international criminal law, specifically in cases of child soldiers. The prosecution of children for international crimes often only focuses on whether children can and should be prosecuted und... Read More about Child Soldiers and the Defence of Duress under International Criminal Law.

The obligation to investigate after a potential breach of article 2 ECHR in an extra-territorial context: Mission impossible for the armed forces? (2019)
Journal Article
Quénivet, N. (2019). The obligation to investigate after a potential breach of article 2 ECHR in an extra-territorial context: Mission impossible for the armed forces?. Netherlands Quarterly of Human Rights, 37(2), 119-138. https://doi.org/10.1177/0924051919844374

© The Author(s) 2019. The growing number of military operations conducted by States Party to the European Convention on Human Rights abroad has led to a concomitant surge in court cases, notably relating to the duty to investigate an attack resulting... Read More about The obligation to investigate after a potential breach of article 2 ECHR in an extra-territorial context: Mission impossible for the armed forces?.

A (Wo)Man’s honour: Have the Geneva conventions lost their gender? (2019)
Presentation / Conference
Quenivet, N. (2019, April). A (Wo)Man’s honour: Have the Geneva conventions lost their gender?. Paper presented at Seminar to Mark 70 Years of the Geneva Conventions, Maynooth University, Ireland

The 1949 Geneva Conventions have often been criticised for failing to take into the specific situation of women in armed conflict and in fact for adopting an outdated and conservative view of women's role and position in society. This paper argues th... Read More about A (Wo)Man’s honour: Have the Geneva conventions lost their gender?.

Assessing EU citizenship under the myopic lens of Brexit (2018)
Presentation / Conference
Dadomo, C., & Quenivet, N. (2018, November). Assessing EU citizenship under the myopic lens of Brexit. Paper presented at Transformation of Citizenship, Graz, Austria

In Grzelczyk the CJEU defined EU citizenship as a fundamental status that enables nationals of Member States to enjoy the same treatment in law. In Zambrano the close correlation between this fundamental status and the enjoyment of substantive rights... Read More about Assessing EU citizenship under the myopic lens of Brexit.

Conferral of nationality of the kin state - mission creep? (2018)
Book Chapter
Hassler, S., & Quénivet, N. (2018). Conferral of nationality of the kin state - mission creep?. In S. Sayapin, & E. Tsybulenko (Eds.), The Use of Force against Ukraine and International Law – Jus Ad Bellum, Jus In Bello, Jus Post Bellum (73-110). The Hague: T.M.C. Asser Press. https://doi.org/10.1007/978-94-6265-222-4_4

Nationality is a surprisingly complex and emotive issue. At a time when global events appear increasingly threatening, the individual desire to align with a solid State is stronger than ever. While the acquisition of nationality is commonly not subje... Read More about Conferral of nationality of the kin state - mission creep?.

Human rights and military operations abroad (2018)
Presentation / Conference
Quenivet, N. (2018, June). Human rights and military operations abroad. Paper presented at British International Studies Association - Annual Conference, Bath, England

The past decades have seen a surge in the number of cases before national courts as well as the European Court of Human Rights (ECtHR) relating to acts committed by armed forces deployed in military operations abroad. The first hurdle faced by the co... Read More about Human rights and military operations abroad.