The Holodomor and the International Tribunal for Yugoslavia

Envisioning an Improved Hypothetical Tribunal

By Justin Aragosa

Justin Aragosa, a 2024 graduate of Albany Law School, did his undergraduate studies in criminal justice and philosophy at SUNY Oneonta. Additionally, he completed an associate’s degree in Intelligence Studies from Cochise College, Arizona, while stationed at the Army Intelligence Center at Fort Huachuca.
In law school, Justin twice served as a Competition Chair for the Anthony V. Cardona Moot Court Program, and he was active in the school’s Veterans’ Pro Bono Project and served on several Committees for the Student Bar Association.
In addition to his academic pursuits, Justin has served in the Army National Guard since 2015 in military intelligence. He recently graduated from Warrant Officer Candidate School and is currently back at the Army Intelligence Center for more training. In 2020, while deployed to the CENTCOM Area of Operations, he led an intelligence fusion center section, coordinated Special Forces reconnaissance missions, and supervised a team of over 20 soldiers in military intelligence operations. He earned numerous awards, including the Army Commendation Medal (x2), Army Achievement Medal (x2), Army Reserve Component Achievement Medal, and the Global War on Terrorism Expeditionary Medal.
In his free time, Justin enjoys hiking, sports, and recently, photography.

This paper juxtaposes the Holodomor, a catastrophic famine in 1930s Soviet Ukraine, with the formation and impact of the International Criminal Tribunal for the former Yugoslavia (ICTY).  It delves into the Holodomor's historical context and scholarly debates over its classification and assesses the ICTY's role in shaping international criminal law.

 Additionally, the study explores a theoretical tribunal for the Soviet Union's actions during the Holodomor, providing insights into the complexities of historical redress in international justice.

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To read the paper, open HERE.

The Russo-Ukrainian War: Criminally Started and Executed

By Ryan Janes

Ryan Janes is a 2023 graduate of Albany Law School. He grew up in Rome, NY, and graduated from SUNY Albany, where he received a Bachelor of Arts in Political Science and a minor in History.

During his time at Albany Law, Ryan worked at both the Oneida County Public Defender’s Office and the Albany County District Attorney’s Office. 

This past fall, Ryan began working for a firm in Syracuse, NY, handling matters related to Workers Compensation, Employment and Business Law.

In his free time, Ryan enjoys fishing, golfing, and watching sports.

In February 2022, the Russian Federation formally invaded the neighboring nation of Ukraine. This followed nearly a decade of political unrest and civil war in the Eastern regions of that country. Russia’s meddling within the country can largely be seen as the spark that set the fire ablaze, leading to the eventual full-scale invasion of Ukraine, and causing the worst humanitarian crisis in Europe since the end of World War II.

The war has led to numerous international crises, with financial sanctions being imposed by nations such as the United States and economic/political organizations such as the European Union, and Russia facing widespread condemnation and isolation in international bodies.

Numerous legal questions have arisen because of this conflict and specifically two will be addressed in this paper. (1) Whether the invasion of Ukraine by the Russian Federation violated international law? (2) Whether the hostilities by either Ukraine or the Russian Federation, constitute war crimes? 

To address these questions, this paper begins by introducing a brief history of the Russo-Ukrainian War, followed by a discussion of the illegality of the war under international law. Further, the paper describes in detail the specific actions taken by the two Nations which can be constituted as war crimes, and lastly covers the steps taken to seek relief by international courts. Answers to these questions will then be addressed in the conclusion.

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To read the paper, open HERE.

The Holodomor (Ukrainian Genocide)

As defined by post-WWII international standards

By Harris D. Bresowsky

Harris D. Bresowsky is a third-year student at Albany Law School. He grew up in Brooklyn, NY, and he graduated from the University at Buffalo where he studied Political Science and Public Policy.

During his time in law school, Harris has been the Co-Chair of Albany Law School's chapter of the American Constitution Society and a Government Law Center Fellow. Additionally, he interned with a New York Supreme Court Judge in Nassau County, the Joint Commission of Public Ethics, and SUNY's Office of General Counsel.

Harris is passionate about international law and specifically about human rights research. Following his graduation, Harris plans on working in New York City. Harris's passions outside of law include hiking, reading, and playing golf. 

The Ukrainian flag is composed of two colors – blue and yellow. The two colors are laid out as almost a portrait of its natural landscape. The blue represents the clear sky above and the yellow represents the wheat fields that produce grain to feed much of the world. These fertile lands are attractive to any country – Russia included.

In 2022, Russia is once again on the offensive against Ukraine. The motivating factor seems to be its desire to keep Ukraine in its sphere of influence. History often repeats itself and Russia (in its many forms) has been a historical colonizing empire in Eastern Europe. As a colonizing state, it has repeatedly engaged in activities to suppress its neighbors’ desires to determine their futures based on their own free wills.

These repressions often resulted in large-scale atrocities such as Holodomor. These tragedies often went unnoticed. But it is important to shine a light on every event of human suffering and recognize Holodomor for what it truly was – a genocide, as defined by contemporary international law.

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To read the full paper, click HERE.

The Possibility To Live In A World Without Nuclear Weapons

By Dragana Thibault

Dragana Thibault--Albany Law School LL.M. in International Law, Class of 2020--was born and raised in Macedonia. She received her Bachelor in Laws (LL.B.) in 2014 and Master of Law (LL.M. in Civil Substantive and Procedural Law) in 2016 at the Faculty of Law Iustinuanus Primus. Throughout her Master studies at Iustinuanus Primus, Dragana was supporting classroom activities in Civil Law and Property Law as a Teaching Assistant.
During her time at Albany Law, Dragana worked on a project at the Research Foundation for the State University of New York, as a Research Support Specialist in the area of weapons of mass destruction. Dragana prepared this paper for Professor Bonventre’s International Law of War & Crime Seminar. 

Since the beginning of time, people have been in conflict with each other. The attempt to inflict as much damage on the opponent as possible, in the most cost-effective way, has brought about the creation of weapons of mass destruction. Weapons of mass destruction, as described by the United Nations Office for Disarmament Affairs, refer to unconventional weapons, such as nuclear, chemical and biological weapons, which are characterized by the ability to kill and mutilate vast numbers of people, destroying entire cities, and even entire regions.

This paper attempts to determine if there is a possibility to live in a world without weapons of mass destruction, especially focusing on nuclear weapons. The main focus will be placed on the United States and Russia, as they possess the most weapons of mass destruction.
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To read the entire paper, open HERE.