Legal Tug-of-War: The Institutional Challenges of the Domestic Prosecution of War Crimes in Ukraine

Journal article


Nazarko, A. (2023). Legal Tug-of-War: The Institutional Challenges of the Domestic Prosecution of War Crimes in Ukraine. Analytical and Comparative Jurisprudence. 6. https://doi.org/10.24144/2788-6018.2023.06.120
AuthorsNazarko, A.
Abstract

This article examines the complexities of prosecuting war crimes in Ukraine following Russia's February 2022 invasion. The unprecedented scale of the atrocities presented national prosecutors and judges with significant challenges in solving multifaceted legal issues. The research aims to provide a detailed understanding of the roles, responsibilities and investigations of various entities in the national legal and judicial system of Ukraine.

The article offers a comprehensive overview of the criminal prosecution infrastructure in Ukraine, emphasizing the key role played by the national legal and judicial system. It examines the issues of responsibility, methods and investigations of war crimes, and also outlines the general challenges facing the national criminal prosecution system in Ukraine.

The author reveals the intricacies of the Ukrainian criminal justice system and illustrates its multifaceted duties and functions. Highlighting the critical role of national legal and judicial systems, the article identifies challenges that highlight the complexity of prosecuting war crimes at the national level.

The analysis reveals key aspects of the prosecution of war crimes in Ukraine. Obstacles in navigating the legal field, collecting and preserving evidence, providing reliable witnesses and overcoming jurisdictional barriers emphasize the need to strengthen investigative capabilities and promote international cooperation. The identified challenges emphasize the need to strengthen training and capacity building initiatives in the legal and judicial sectors. The main challenge is to promote systemic changes in the legal culture with an emphasis on accountability for international crimes. Addressing these challenges requires a multifaceted approach that includes legal reform, capacity building, international cooperation, and cultural change in recognizing the importance of prosecuting international crimes. Ukraine can effectively carry out justice for such egregious crimes with the help of a comprehensive strategy.

Year2023
JournalAnalytical and Comparative Jurisprudence
Journal citation6
PublisherUzhhorod National University
Digital Object Identifier (DOI)https://doi.org/10.24144/2788-6018.2023.06.120
Web address (URL)https://doi.org/10.24144/2788-6018.2023.06.120
Publication dates
Online27 Dec 2023
Publication process dates
Deposited08 Feb 2024
Publisher's version
License
File Access Level
Open
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https://openresearch.lsbu.ac.uk/item/9652w

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License: CC BY-NC-ND 4.0
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