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.

“If I Could Change the World, I’d Have World Peace”: The Inevitability of War and Sovereignty’s Influence

By Megan M. Tylenda*

Megan Tylenda is a 3L and will graduate from Albany Law School in May 2024. Prior to law school, Meg graduated summa cum laude from Virginia Tech with a Bachelor of Arts in Philosophy, a Bachelor of Science in Sociology, and a double minor in Global Engagement and Peace Studies/Violence Prevention.

At Albany Law, Meg has served on the Student Bar Association as a 1L Senator and 2L Senator and is currently the Executive Treasurer. She is the Executive Editor for Miscarriages of Justice for Albany Law Review. Additionally, she has worked for Dean Rosemary Queenan and Professor Christine Chung as a Research Assistant and interned with the NYS Third Judicial District Office of Court Administration and the SUNY System Administration’s Office of General Counsel.

Also, Meg is also a Lifetime Girl Scout and enjoys baking desserts and spending time with her cat, Beans. Following graduation, Meg hopes to practice in the education and employment law fields.

* J.D. Candidate, Albany Law School, 2024; B.A., Philosophy, B.S., Sociology, Virginia Tech, 2021. Many thanks to Professor Vincent M. Bonventre, Justice Robert H. Jackson Distinguished Professor of Law, Albany Law School, for a terrific International Law of War & Crime Seminar in 2022. Thank you to the staff of International Law Studies for your work.  All views and errors are my own.

World peace is an optimistic and sought-after concept.  However, no matter how desirable, world peace is unattainable. This is blunt, but it is the truth. Given the innate human nature to wage war, the use of sovereignty to create and sustain war, and the international rules that govern any and all action towards war-driven states, world peace is but a mere dream.

This Paper addresses the prospect of world peace through the lens of sovereignty, specifically with regard to the role sovereignty has played in the Russia-Ukraine conflict. The notion of sovereignty has been invoked throughout this conflict in a way that has disrupted traditional United Nations mechanisms that exist to mitigate conflict. 

By examining the inherent loopholes in this aspect of international law, it is reasonable to believe that world peace –or, more pointedly, the absence of global violence and injustice; “positive peace”– will never come to fruition. 

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To read the paper, open HERE.

Russia’s War Against Ukraine

Lessons from Yugoslavia and Rwanda Support Claims of Genocide

By Philip Amur

Philip Amur is a May 2023 graduate of Albany Law School. He grew up in Walnut Creek, CA, and received his undergraduate degree from Willamette University, where he majored in Economics and Spanish.

At Albany Law School, Philip was involved with the Government Law Center Fellowship Program, the Student Bar Association, research assistance, and moot court competitions. During his time as a student, he interned with the Third Judicial District of the New York State Unified Court System, the Goldwater Institute, the Office of the New York State Comptroller, and the Claims Bureau of the New York State Attorney General’s Office.

This September, Philip will be working as an Assistant District Attorney with the Queens County District Attorney’s Office. 

In February of 2022, Russia launched its long-anticipated invasion of Ukraine. The Russian Federation has labeled the invasion a “special military operation” intended merely to save pro-Russian Ukrainians from the alleged nationalistic tendencies of Kyiv’s current government.

However, according to world leaders other commentators, the actions of the Russian government and is military commanders sound in war crimes. Some have gone so far as to classify the acts carried out in Ukraine as genocidal.

This paper examines the legal origins of the term “genocide,” how the term has been interpreted by various ad-hoc tribunals, and whether those prior interpretations provide an adequate basis to charge President Putin with this crime.

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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.