From crime to punishment. The role of transitional justice mechanisms in strengthening the internal security of a state on the example of Ukraine (2022-2023)

Abstract

Objectives The purpose of the article is to provide an overview of the importance and scale of the use of mechanisms belonging to the doctrine of transitional justice during the armed conflict in Ukraine in 2022-2023. Material and methods In the research process, the authors apply the analysis of selected rulings, the analysis of the positions and views of selected representatives of the doctrine – security studies and legal studies in particular – as well as formal-dogmatic and historical approaches. Results It is demonstrated that the broadest spectrum of institutions and mechanisms falling under transitional justice to date has been used during this armed conflict. This enabled, on a scale never seen before, obtaining a comprehensive and complex picture of the crimes committed during the war effort. At the same time, it is emphasized that the Ukrainian side, using the support of states, international organizations and institutions of international criminal justice, has been able to implement numerous institutions to achieve the goals of transitional justice. Conclusions According to the authors, the burden of their tasks will not only, or perhaps not primarily, concern the implementation of retribution for the deed, but in the post-war period will have to enable the reconciliation of the population within the country, which seems very difficult from today's perspective, given the current political situation in eastern Ukraine.

Keywords

• ukraine
• russian federation
• international criminal court
• transitional justice
• international crimes