PILPG actively contributes to thought leadership on urgent legal and policy challenges through its publication of legal and policy papers. These comprehensive documents, offer clear but in-depth insights and perspectives on the most critical legal and policy issues currently facing the international community. We invite you to explore our repository of PILPG legal and policy papers where you'll find a wealth of knowledge and expert viewpoints on a range of pertinent topics spanning:
Accountability | Governance | Natural Resources | Peace Negotiations | Repurposing Frozen Assets | Security | Territorial Disputes
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In modern conflicts, the deliberate targeting and destruction of cultural heritage aims to erase the history and identity of communities—a tactic that remains egregiously under-prosecuted.
To support Ukraine’s pursuit of justice during the ongoing Russian war of aggression, the Public International Law & Policy Group (PILPG), in collaboration with Davis Polk & Wardwell, has developed a comprehensive legal paper.
This resource examines the evolution of cultural war crimes in international law, analyzes key legal frameworks such as the 1954 Hague Convention, and identifies lessons from prior prosecutions. It also provides practical guidance tailored to Ukraine’s justice system, addressing procedural and evidentiary challenges to ensure robust accountability mechanisms for the destruction of cultural property.
Accountability
This memorandum aims to examine the legal options for establishing a hybrid or international criminal tribunal under the auspices of the Council of Europe (COE) and the European Union (EU) to prosecute the crime of aggression committed against Ukraine by the political leaders and military commanders of Russia and its allies. The analysis also addresses issues and challenges connected with both options for establishing the tribunal. The purpose of this memorandum is not to set forth a best option or advocate for establishing the tribunal with the support of or through the COE or EU but rather to look at the possible benefits and drawbacks of pursuing these options. PILPG memorandum Comparative Analysis Of the Legal Implications For The Creation of A Special Tribunal For Prosecution Of The Crime Of Aggression Against Ukraine briefly touches upon all or nearly all options to provide a comparative perspective.
In criminal cases, intent and motive are often conflated, especially in gender persecution cases before the International Criminal Court (ICC). This confusion can make prosecutors hesitant to charge gender persecution due to perceived difficulties in proving discriminatory intent.
To support prosecutors, the ICC’s Office of the Prosecutor released a Policy on the Crime of Gender Persecution in December 2022. Building on this, PILPG and Orrick’s memorandum delves into the distinction between intent and motive in gender persecution cases, drawing examples from past ICC prosecutions and other areas of law, such as employment discrimination.
This memo aims to clarify the prosecutorial burden of proof and encourage the appropriate charging of gender persecution.
PILPG collaborated with pro bono law firm partner Shearman and Sterling to create an Accountability Mechanisms for War Crimes Committed in Ukraine Legal Memorandum. This Memorandum considers three broad categories of tribunals with potential jurisdiction for prosecuting atrocity crimes in Ukraine committed during the current stage of war that Russia has been waging against Ukraine.
The Memorandum analyzes the accessibility of various jurisdictions, across the international and domestic legal spectrum, and evaluates the viability of potential claims, considering the prevailing legal framework of each forum.
The purpose of this paper is to assess whether the United States (“U.S.”) may contribute to the Trust Fund for Victims (“Trust Fund”) in accordance with U.S. domestic law.
As negotiations continue between the warring parties in Yemen, PILPG and Ropes & Gray have collaborated to produce a policy planning analysis on integrating accountability into the peace process.
Recent positive developments, such as the reopening of the airport in Sana'a and the exchange of nearly 1000 prisoners, provide hope for the potential of negotiations. Nevertheless, it is crucial not to overlook the decade-long history of suffering in Yemen and the pressing need for accountability for those responsible for perpetuating one of the world's most severe humanitarian crises. Durable peace can only be achieved when atrocities committed during the conflict are acknowledged and accountability is effectively woven into any future agreements. A striking example of this necessity lies in the roots of the current conflict– the 2011 amnesty granted to Former President Saleh, despite his responsibility for atrocity crimes.
This policy planning analysis offers an overview of accountability modalities and their applicability to Yemen. We are hopeful that the parties involved not only reach an agreement to end the war but also thoughtfully include mechanisms for accountability, ensuring a stable and peaceful future for years to come.
The International Criminal Court (ICC) has opened an investigation and will likely prosecute a handful of high-level perpetrators of atrocity crimes committed in Ukraine. Since the ICC does not have jurisdiction over the crime of aggression with respect to Ukraine, there are proposals to establish a hybrid international or regional tribunal to prosecute high-level Russians for the crime of aggression currently under discussion. Because these international mechanisms are designed to prosecute a small number of individuals, there is recognition that most of the perpetrators will need to be prosecuted by domestic courts in Ukraine. Yet, history has shown that without international assistance and involvement it is inherently difficult to fairly and effectively prosecute foreign nationals and separatists in ordinary domestic courts during and in the aftermath of an armed conflict.
To facilitate fair and effective accountability for the atrocity crimes committed in Ukraine, PILPG, together with Weil Gotshal & Manges and jurists and legal experts from Ukraine, prepared draft legislation for a High War Crimes Court for Ukraine to prosecute atrocity crimes. Drawn from the Law on the High Anti-Corruption Court of Ukraine of 2019 and best practices of internationalized domestic war crimes courts around the globe, this draft Law provides the template for a Ukrainian High War Crimes Court to prosecute atrocity crimes committed in Ukraine since November 2013.
It is a discussion draft intended to inform the formulation of a domestic prosecutorial mechanism that will complement the efforts by existing domestic courts, the ICC, and any future hybrid international tribunal for the crime of aggression. The footnotes include options and explanations for the proposed provisions.
Governance
In 2011, during peace efforts in Syria, PILPG drafted a policy planning paper to examine how interim governing authorities addressed minority inclusion in transitional governance, drawing lessons from other post-conflict contexts. The insights remain relevant today as Syria navigates this pivotal period.
Yemen is a state with fragmented power structures and various political actors seeking influence and control over different segments of Yemeni society. One way to exert such influence is by governing and presiding over different aspects of local dispute resolution, a common form of conflict mediation in Yemen. This White Paper provides an analysis of public opinion of those in both ROYG and Ansar Allah controlled territories on some of the newest actors to exert their control over these processes, particularly the Mushrifeen in the North and other non-state armed groups, including the Resistance Forces and the Security Belt Forces (SBF), in the South, and how they have impacted Yemen's justice systems.
As Ukraine looks to the future, rebuilding will require more than repairing physical damage. A comprehensive approach is essential for lasting peace and stability. PILPG collaborated with Weil Gotshal & Manges to produce a policy planning memo that highlights key areas for Ukraine’s recovery, including restoring critical infrastructure and revitalizing the economy, with a focus on agriculture and sustainable energy. The paper also notes that strengthening the rule of law will be crucial to combat corruption and attract investment, while supporting civil society by providing jobs and social assistance will help rebuild communities. Early planning and collaboration between local leaders, international partners, and communities will be vital to Ukraine’s future.
Ansar Allah, more commonly referred to as the Houthis, is an Islamist political and armed group that began its rebellion against the government in the early 2000s and since then, has acquired sizeable territory, taking control of the capital city of Sanaa in 2014. Ansar Allah has operated as a pseudo-government for the majority of Yemenis and has had relative success in maintaining its territorial control. This white paper provides policy recommendations for the continuous observation of Ansar Allah’s policies and practices.
This white paper analyzes Yemeni public perspectives on the credibility of political actors in governorates under the jurisdiction of the internationally recognized Yemeni government. It employs trust, public acceptance, and the belief that the party or actor represents Yemenis, including in peace negotiations as indicators of credibility. Relevant research questions include public perception of political actors; changes in perceptions of credibility over time; and preferences regarding how the war should end.
The economic and currency crisis in Yemen is one of the leading causes of humanitarian suffering in Yemen. It is characterized by a severe devaluation of Yemen’s currency on the international marketplace and with drastic wartime disruptions in trade, has led to extreme inflation and a rise in the cost of basic goods for civilians. When combined with the division of the Central Bank, the crisis is even more impactful on those in ROYG-controlled territories. This white paper looks at the causes and effects of this crisis, and provides recommendations to mitigate the impact of the crisis on Yemeni society.
Natural Resources
This memorandum examines how natural resources have contributed to the current conflict in Sudan. It also provides considerations and options for Sudanese civilians engaging in a peace or political process to curb the military exploitation of natural resources and manage natural resources to reduce conflict in the future.
Peace Negotiations
In November 2022, after months of enduring Russian aggression, President Volodymyr Zelenskyy unveiled a 10-Point Peace Formula to address the conflict in Ukraine. PILPG’s international law experts have meticulously analyzed each point of this formula, confirming that every point is robustly supported by existing international legal frameworks. Dive into our analysis to discover the strong legal foundations underpinning Ukraine’s proposal. Click on the image to the left to read the paper.
Watch a brief summary of the points addressed in the analysis: https://youtu.be/oH03thx_Ypc
This memo, developed in collaboration with Covington & Burling, provides a thorough evaluation of the context leading to the peace negotiations in North Ethiopia, examines the negotiation process itself, and offers critical insights into the Pretoria Agreement between the Ethiopian federal government and the Tigray People’s Liberation Front (TPLF).
By examining these aspects, the memorandum sheds light on what can be done better in future negotiations for peace in North Ethiopia to achieve a more comprehensive and lasting peace in the region. It serves as a guide for stakeholders to critically assess the negotiation process and the resulting agreement, with a view to strengthening future peace efforts by moving towards a more inclusive and legally robust peace agreement.
Repurposing Frozen Assets
The purpose of this policy planning white paper is to consider how frozen Russian assets may be repurposed for Ukraine’s reconstruction under existing domestic and international legal frameworks. This paper outlines the existing legal framework and examines legal challenges to repurposing frozen Russian assets. This examination is important for actors seeking to successfully build on the existing and growing political will to find a legal pathway to repurpose frozen Russian assets.
This memorandum summarizes and analyzes issues in international law relevant to the repurposing of frozen Russian assets, specifically: Russia’s obligation to make reparation; sovereign immunity protections that apply to Russia and its assets; and potential vehicles to update international law to allow for the repurposing of frozen Russian assets.
This case study summarizes and analyzes the ongoing International Court of Justice case, Certain Iranian Assets (Islamic Republic of Iran v. United States of America . The analysis includes a contextualization of the International Court of Justice’s decision, as well as relevant considerations for Russia’s war in Ukraine. This document is a corollary memo to the Policy Planning White Paper on Repurposing Frozen Russian Assets.
This case study summarizes and analyzes the ongoing International Court of Justice case, Certain Iranian Assets (Islamic Republic of Iran v. United States of America . The analysis includes a contextualization of the International Court of Justice’s decision, as well as relevant considerations for Russia’s war in Ukraine. This document is a corollary memo to the Policy Planning White Paper on Repurposing Frozen Russian Assets.
The purpose of this policy planning white paper is to consider how frozen Russian assets may be repurposed for Ukraine’s reconstruction under existing domestic and international legal frameworks. This paper outlines the existing legal framework and examines legal challenges to repurposing frozen Russian assets. This examination is important for actors seeking to successfully build on the existing and growing political will to find a legal pathway to repurpose frozen Russian assets.
Security
This case study investigates the peace agreement between the Colombian government and the Revolutionary Armed Forces of Colombia (FARC) to end a 52-year long armed conflict.
This memorandum analyzes the various stakeholders involved in the Russian war in Ukraine, including the official Ukrainian Armed Forces, as well as the various quasi-independent units that have joined the Ukrainian cause, and pro-Russia separatists and militias that have been present in Ukraine since 2014 and have fought alongside the Russian military following the 2022 invasion. This memorandum goes on to provide suggestions for including these stakeholders in a post-war disarmament, demobilization, and reintegration process, focusing primarily on issues related to economic reconstruction, domestic security, and political reform.
This case study outlines the Syrian Civil War, which began in 2011 as part of the Arab Spring uprisings and spread into an armed insurrection. It investigates the ceasefire efforts to resolve the conflict that have included local level ceasefire negotiations and international peace processes, such as the Arab League, the United States, the United Nations and Russia.
This document summarizes previous ceasefires and agreements between Ukraine and Russia, and provides analysis on some of the key reasons why these did not achieve lasting peace. The document outlines agreements such as the Budapest Memorandum, the Minsk Accords, and the Morel Plan, as well as mechanisms for implementation such as the “Steinmeier Formula.”
This case study examines the ongoing war in Yemen, focusing on two ceasefire agreements that were made during the conflict: the 2018 Stockholm Agreement and the 2022 Truce. Both of these agreements were aimed at promoting stability and reconciliation, but both have failed to bring a lasting peace.
This paper considers the key challenges that Ukraine will face when transitioning from a highly militarized, wartime society, to a post-war nation with appropriate security structures, and suggests a process of Security Sector Reform to achieve this transition. This paper outlines a recommended plan for implementing Security Sector Reform in Ukraine, as well as outlining an approach to funding these efforts.
Territorial Disputes
This White Paper provides an analysis of public perception on how to address the political, economic, and social demands of the Yemenis living in the South, and surveys what they most prefer for the future of Southern Yemen, a lace of diverse groups and political actors with different goals and interests. Though both qualitative and quantitative surveys, this paper addresses questions of political leadership, economic status, and overall security for those in the South, and seeks to provide clarity on what a future Yemeni state may look like, based upon public opinion.
For the past 9 years, the Russian Federation has illegally occupied Crimea infringing upon Ukraine’s territorial integrity. During this period, Russia has been aggressively pushing unfounded arguments claiming that it has a legal right to Crimea. It is important to understand that international law is clear in supporting Ukraine's right to sovereignty and territorial integrity with respect to Crimea. This memorandum sets forth a legal basis for the de-occupation and return of Crimea to Ukraine. Specifically, it describes the application of the principle of territorial integrity to the current situation in Crimea, examines the legal status of Crimea under international law, and offers a rebuttal of Russian arguments against Crimean reintegration with Ukraine.
The purpose of this Policy Planning White Paper is to examine the legality and impact of the September 23-27 Russian referenda in the occupied Ukrainian territories. Specifically, the paper addresses whether the referenda provide a valid basis for Russia’s intended annexation of the occupied territories.