Аналітично-порівняльне правознавство (Dec 2023)
Legal Tug-of-War: The Institutional Challenges of the Domestic Prosecution of War Crimes in Ukraine
Abstract
This article navigates the complexities of domestic prosecution of war crimes in Ukraine following Russia's invasion in February 2022. The unprecedented scale of atrocities has presented significant challenges to domestic prosecutors and judges in addressing the multifaceted legal landscape. The research aims to provide a nuanced understanding of various actors' roles, responsibilities, and investigations within Ukraine's national legal and judicial system. The article offers a comprehensive overview of the infrastructure of domestic criminal prosecution, emphasising the pivotal role played by the national legal and judicial system. It explores the accountability, methods, and investigations associated with war crimes and outlines the general challenges that Ukraine's domestic judicial prosecution system faces. The research unravels the intricacies of Ukraine's domestic criminal justice system and illustrates its multifaceted responsibilities and functions. By highlighting the critical role of the national legal and judicial system, the article identifies challenges that underscore the complexity of prosecuting war crimes domestically. The analysis reveals crucial aspects of prosecuting war crimes in Ukraine. Hurdles in navigating the legal terrain, collecting and preserving evidence, securing credible witnesses, and overcoming jurisdictional barriers underscore the need for bolstering investigative capacities and fostering international cooperation. The identified challenges highlight the imperative for enhanced training and capacity-building initiatives within the legal and judicial sectors. The overarching challenge lies in promoting a systemic shift in the legal culture, emphasising accountability for international crimes. Addressing these challenges requires a multi-faceted approach involving legal reforms, capacity-building, international collaboration, and a cultural shift towards recognising the significance of prosecuting international crimes. Ukraine can effectively pursue justice for such egregious crimes through a comprehensive strategy.
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