Guaranteeing russia’s responsibility for war crimes in Ukraine: the information and legal aspect

О. Ya.  Kovalchuk

doi:10.32631/v.2024.2.37

О. Ya. Kovalchuk West Ukrainian National University https://orcid.org/0000-0001-6490-9633

DOI: https://doi.org/10.32631/v.2024.2.37

Keywords: war crimes, international justice, information and legal model, russia’s war in Ukraine, European Court of Human Rights, International Criminal Court, legal norms, evidence, criminal liability, justice.

Abstract

The article examines the issue of bringing russia to justice for mass war crimes, crimes against humanity and acts of aggression committed during the full-scale invasion of Ukraine. The purpose of the work is to analyse the available legal instruments, to formulate a comprehensive approach to solving this problem and to search for effective information and legal mechanisms to ensure the inevitability of russia's punishment under international law.

The research methodology is based on a systematic analysis of current international legal norms and procedures in the field of international humanitarian law. The relevance of the work is due to the unprecedented scale of war crimes committed by russia in Ukraine and the need to bring the perpetrators to justice in order to restore justice. The scientific novelty is that for the first time a comprehensive information and legal model for prosecuting and bringing to justice the aggressor state for war crimes is proposed.

The paper analyses the current legal mechanisms for bringing Russia to justice for war crimes committed in Ukraine at the national and international levels. The practical role of the key institutions – the International Criminal Court and the European Court of Human Rights – in ensuring the inevitability of punishment for the russian federation is considered. Potential opportunities for russia to avoid responsibility are identified. The article proposes an information and legal model for the effective prosecution and bringing russia to justice for its act of aggression against Ukraine.

The results obtained can be applied in the field of international criminal law and ensure compliance with international humanitarian law norms. The practical significance lies in the formation of a basis for specific actions by the international community to hold russia accountable for crimes in Ukraine.

Despite all the difficulties, the international community should make every effort to bring the russian federation to justice in accordance with international law. The proposed information and legal model can be one of the effective tools to achieve this goal.

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Author Biography

О. Ya. Kovalchuk, West Ukrainian National University

Candidate of Physical and Mathematical Sciences, Associate Professor,

Department of Theory and History of State and Law (Associate Professor).

References

Cherviakova, O. V. (2020). Responsibility for War Crimes: Mechanisms and Processes for Restoring Ukraine’s Sovereignty and Security. Forum of Law, 2(61), 150–162. https://doi.org/10.5281/zenodo.3883835.

Pylypenko, V. P. (2020). War Crimes in the Statutes of International Criminal Tribunals and the Rome Statute of the International Criminal Court. Law.UA, 2, 5–10.

Teremetskyi, V., Zhuravlov, D., Boiko, V., Stratonov, V., Ilchenko, O., Glukh, M., & Chudyk, N. (2023). Organization of courts operation in Ukraine in the period of martial law: comparative and legal research. Management and Administrative Professional Review, 14(10), 18976–18991. http://doi.org/10.7769/gesec.v14i10.2945.

Onishchenko, N., Teremetskyi, V., Bila, V., Chechil, Yu., & Kostenko, M. (2023). Judicial and extrajudicial proceedings to compensate for damages caused by armed conflicts: experience of Ukraine. Lex Humana, 15(3), 522–537.

Batiuk, V. O., & Dmytriv, S. O. (2021). On the Issue of Organizing the Investigation of Military Crimes Investigation. Social & Legal Studios, 3(13), 77–87. https://doi.org/10.32518/2617-4162-2021-3-77-87.

Smyrnov, M. I. (2023). A special international tribunal AD HOC on the crime of russian aggression against ukraine, as a mechanism for investigating and holding the aggressor country accountable for the most serious international crime: international legal and jurisdictional asp. Kyiv Law Journal, 1, 403–410. https://doi.org/10.32782/klj/2023.1.62.

Topolevskyi, R. (2023). Legal responsibility for human rights violations and war crimes caused by the Russian Federation’s aggression against Ukraine: background and perspectives. Law of Ukraine, 6, 85–95. https://doi.org/10.33498/louu-2023-06-085.

Basysta, І. V., Vlasova, H. P., & Stratonov, V. М. (2023). Prospects and inevitability of responsibility for committing war crimes, genocide, aggression and crimes against humanity (activities of the joint investigation team for the investigation of serious international crimes in Ukraine (JIT); cooperation with the international criminal court; prospects for the establishment of an international AD HOC tribunal, etc.) (continued review). In V. M. Stratonov (Ed.), Military offenses and war crimes: background, theory and practice. Baltija Publishing. https://doi.org/10.30525/978-9934-26-302-6-2.

Kapustina, M. V., Demydova, Ye. Ye., & Latysh, K. V. (2023). Use of modern information technologies during the investigation of war crimes. Juridical Scientific and Electronic Journal, 4, 544–546. https://doi.org/10.32782/2524-0374/2023-4/134.

Stefanchuk, M. (2023, May 15). Crimes of the Russian Federation in Ukraine: Challenges of Bringing the Perpetrators to Justice. National Association of Advocates of Ukraine. https://unba.org.ua/publications/8055-zlochini-rf-v-ukraini-vikliki-prityagnennya-vinnih-do-vidpovidal-nosti.html.