Violations Of Humanitarian Law Research Articles

Beyond retribution: Individual reparations for IHL violations as peace facilitators

Abstract Three decades after the United Nations Security Council invoked its Chapter VII powers to create the ad hoc criminal tribunals, there can be little doubt that the prosecution of individuals responsible for serious violations of international humanitarian law (IHL) contributes to restoring and maintaining peace. While there is little doubt that the reparatory function of justice is just as crucial as retribution, under international law today, reparations for IHL violations remain harrowingly insufficient or borderline non-existent. In scholarship and strategic litigation, various attempts have been made to distil an individual right to reparations from black-letter IHL. This article argues that such approaches are doomed to fail, as procedural aspects of international obligations rarely, if ever, emerge through the evolution of an existing customary international obligation, let alone via the crystallization of a new customary international norm. They are usually triggered by a political shift that makes States adopt novel regulations setting forth the jurisdictional ramifications of enforcing a pre-existing right or obligation. This article thus advances a two-fold argument. First, it asserts that States’ increased compliance with the obligation to provide compensation for violations of IHL attributable to them would contribute to “the restoration and maintenance of peace” just as much as the prosecution of persons responsible for serious violations thereof. Second, it argues that the individual right to claim reparations for IHL violations can only be established through a political decision of States, and that the establishment of an international mechanism for Ukraine might be an important precedent for the evolution of the current international system.

Prohibition of Civilians Transfer Under International Humanitarian Law and Its Relation to Genocide

Forcible transfers or forced displacements due to an international or non-international war often happen and cause suffering to those who become displaced by loss of their homes and livelihoods and survival resources. As an example of the current situation, there are many civilians from Gaza, especially Palestinians, who have had to leave their homes and have to seek shelter. Alarmingly, some of them have fled to refugee camps that have been housing Palestinian refugees since the 1948 and 1967 conflicts with limited conditions. While, it is commonly known that evacuation should only be temporary. This fact invites us to discuss and answer the following questions: 1) How is the rule of international humanitarian law or the law of war regarding the transfer of population and civilians in time of war?; 2) How could the displacement of civil population and civilian in time of war amount to genocide or ethnic cleansing?; and 3) How is the law enforcement against the violations of international humanitarian law on the transfer of civilian population? It is expected that the answers of these questions could be a reference to comment any news of displacement due to armed conflict. To answer these questions, normative research is conducted by literature study for collecting secondary data from international treaties and other sources of international law such as customary international law, court rulings, expert opinions and information or news from the field, including the implementation of international law in Indonesian national legislation. Analysis of data for taking conclusion is carried out qualitatively, and the reporting is made in an explanatory descriptive manner. The results showed that the international humanitarian law system has contained sufficient rules containing certain prohibitions and obligations for parties to the conflict. There are several prohibitions against deportation and forcible transfer of population. There are several obligations to prevent the forcible transfer or forced displacement of population. There are several obligations to strive for the safety and fulfillment of basic needs of civilians in the event of evacuation and to ensure that the displaced civilians can immediately return to their places of origin. In circumstances, acts that cause forcible transfers or forced displaced civilians might be categorized as war crimes, crimes against humanity and/or genocide. Concerning the violations of the international humanitarian law relating the forcible transfer of civilian population due to war, the state is obliged to carry out the law enforcement against the persons involved who are under its jurisdiction. In addition, no State shall be allowed to absolve itself of any liability incurred by itself in respect of breaches referred to the rules discussed

The Violation of the Laws of Armed Conflict in the Ukrainian and Polish Dimension: The Criminal Law Discourse

The current Criminal Code of Ukraine has shown that it can effectively respond to the challenges associated with the war unleashed by the Russian Federation against Ukraine. Chapter XX of the Special Part of the Criminal Code of Ukraine contains a number of articles that qualify the criminal acts of Russian occupiers. First of all, this is Article 438 “Violation of the laws and customs of war”. In its content, it largely reflects the compliance of Ukrainian national criminal law with the provisions of international law in the field of the regulation of responsibility for committing criminal violations of international humanitarian law (the law of armed conflicts). A comparative legal analysis of Ukrainian and Polish legislation was carried out in terms of criminal liability for the violation of the laws and customs of war. Criminal violations of international humanitarian law are punishable under Articles 122–126 of the Criminal Code of the Republic of Poland. A detailed analysis of the content of these articles of the Criminal Code of the Republic of Poland showed a significant difference between the norms of the Polish criminal law in terms of detailing the acts that the Polish legislator defined as a violation of international humanitarian law. In particular, in addition to the general concept of the civilian population, the Polish criminal law proposes as victims persons laying down their arms or having no means of protection, the surrendered, the wounded, the sick, the shipwrecked, medical personnel, the clergy, unifying the concept of all persons enjoying international protection during armed hostilities. This position of the Polish legislator is more constructive and more closely connected with the relevant international legal acts than the corresponding norm of the Criminal Code of Ukraine. In addition, § 2 of Article 123 of the Criminal Code of the Republic of Poland provides an expanded understanding of ill-treatment of victims, which is not found in Article 438 of the Criminal Code of Ukraine. Also, the Ukrainian legislator ignored those violations of international humanitarian law which are indicated in Article 124 of the Criminal Code of the Republic of Poland – which also works in favour of the Polish criminal law, as it tries to comply with the provisions of international humanitarian law to a greater extent.

Land Warfare During the Russian-Ukrainian War and International Humanitarian Law

The Russo-Ukrainian War is one of the largest – and probably the most intensive – conflicts of the last several decades. Fought between large, regular, and well-equipped forces of two sides, it naturally provides an extremely wide scope of materials for analysis as to the functioning of ius in bello. At the current stage, however, the evidence is often piecemeal and unclear, particularly taking into consideration the lack of access to documents and to Russian materials. While there is a significant body of evidence to indicate serious violations of humanitarian law, including indiscriminate or deliberate attacks on civilian targets, a detailed analysis requires taking into consideration a broader scope of circumstances which at this point are unclear. One of areas where we have strong evidence, if based on a sample, is the issue of the treatment of the prisoners of war. In general, the initial information seems to indicate widespread and systematic violations of humanitarian law during the conflict.

Justice in the Practice of International Criminal Tribunals, in the Context of the Tasks of Contemporary International Humanitarian Law

Transitional justice, which today has become a widespread and very useful concept, which allows the transition from an authoritarian system to the rule of law, which aims to establish a democratic regime that respects human rights - and what is important not at the level of declarations and applicable methods, but, first of all, this must become the philosophical basis of his daily life. The purpose of transitional justice is to restore the dignity of the victims, to establish mutual trust between the antagonistic groups, to favor the institutional exchange necessary for a new relationship within the population that will allow the establishment of a state of law, including through an effective control of the practice of total or partial impunity. The various constitutive elements of transitional justice generally combine reparative measures of restorative justice (Truth and Reconciliation Commissions), meanwhile establishing parallel mechanisms of punitive justice (especially in relation to the main responsible or direct executors of the most serious crimes).2 On the other hand, transitional justice claims to reform the institutional system, restoring the primacy of law and ensuring the functioning of judicial institutions for the future, fighting in the meantime against impunity for the crimes committed during the previous period. In this sense, transitional justice pursues a multiple goal within the framework of an end to a conflict, in which other imperatives are imposed on government officials - the disarmament of combatant forces, the restoration of citizens' security, the compensation of victims and the restoration of the economy of devastated societies. After being neglected for a long time, the victim is at the center of current political concerns and is the object of a constantly growing interest, mainly in the criminal field and not in social discourses.3 But this phenomenon, positive from some aspects, is not without problems and arouses controversial debates among researchers and actors of the criminal world. This imposition of the victim seems to exist not only in the criminal system, but also in the current socio-political terrain. This predominance is observed in many Western states, lately becoming dominant to some extent both in international criminal law and in international humanitarian law, being taken into consideration the burden of victims in the status granted to them in armed conflicts. The participation of victims in the criminal procedure is generally a recent phenomenon, which seems to be far from being accepted. Victims played and play a secondary role in the tribunals previously established by the International Criminal Court (ICC).4 They were considered only as a means in the de facto absence of a participation or compensation system. Under the influence of strong pressures, the tendency to take into account the opinions and concerns of the victims, including admission in the criminal procedure, became visible in national and international law, and with the involvement of non-governmental organizations and states, the basis of a system was laid that provides for a relatively broad participation of victims in ICC trials. Even if its modalities are still the subject of harsh discussions, it is generally recognized that it is an important and useful tool that would allow victims of serious violations of human rights and international humanitarian law to be heard and to hope for possible reconciliation.5 The evolution of the process of increasing interest in victims is the result of political, social and legal tensions that started in the 1960s, with the implementation of state policies regarding victim compensation and the development of victim defense associations, being influenced by the social movement that opted for civil and women's rights. We find that taking the victim into consideration in social and penal policies has progressed in a meteorological manner. National and international investigations allowed taking into account the victims' dissatisfaction with the criminal system, which led to a genuine experience of secondary victimization, which has as a general consequence the tendency of a weak denunciation of the criminal acts to which they were subjected. They also emphasized the diversity and extent of trauma suffered by some victims, especially after going through interpersonal violence, such as rape or family violence. In addition, towards 1950, a new discipline had developed, a component of criminology, but which very quickly became autonomous - victimology. This field of research focuses on the study of the victim, on his psychological and physical reactions to the sustained achievement, but also on his experience of relying on the act of justice and society in general. These various findings gave rise to state structures to help victims, which have spread throughout the world. The victim thus became a political stake.

Захист прав людини на міжнародному рівні під час збройних конфліктів: історія становлення та сучасні виклики

The article draws attention to the fact that international protection of rights during armed conflicts plays an important role, and it must be effective for its implementation in countries in armed conflicts Regardless of its nature, whether international or non-international armed conflict, it threatens the realisation of most fundamental human rights and freedoms, including the most important natural human right - the right to life. The author examines the problems of international protection of human and civil rights in armed conflicts, the history of international campaigns to protect human rights in various paramilitary attacks, and the new international policy on human rights protection during the Russian-Ukrainian war. The purpose of the article is to analyse the international protection of human rights in the context of historical challenges and current armed conflicts, highlighting key issues, aspects and possible ways to improve existing legislation and practice. Case studies will also be considered to better understand the dynamics of human rights protection during armed conflicts and the role of international organisations in this process. The article concludes that international norms and treaties aimed at protecting human rights remain relevant and effective even in the most difficult conditions, such as armed conflicts. International human rights law, in particular, as defined by specific instruments, provides the necessary framework for the protection of fundamental rights and dignity of people even during hostilities. It is noted that it is important that the international bodies responsible for the implementation and enforcement of these norms confirm the inalienability of human rights protection in conflict situations. The condemnation of war crimes, genocide and violations of international humanitarian law indicates that the international community recognises the importance of protecting fundamental rights during war. It is emphasised that even in exceptional situations, when states take measures to derogate from their obligations due to the threat to the life of the nation, the preservation and protection of human rights remains a central task of the international community. It is important to continue to improve the mechanisms and instruments of international law aimed at ensuring the effective protection of human rights in time of war, thereby contributing to stability, justice and human security in the world.

Responsibility for violations of international humanitarian law

The article examines an important aspect of international law, namely responsibility for violations of international humanitarian law (IHL) during war, and examines forms of responsibility such as individual, collective, and state responsibility for violations of humanitarian norms. The importance of ensuring compliance with IHL and holding individuals, organizations and states accountable for serious violations such as crimes against humanity, war crimes, genocide and aggression was emphasized. It was determined that responsibility for violations of international humanitarian law is aimed at preventing similar violations in the future and restoring violated humanitarian norms and human rights. Emphasis is placed on the important role of responsibility for violations of IHL in maintaining global peace, security and protection of vulnerable groups in conflict.

The Language Barrier: Can the ICC Prosecute Chemical Warfare?

ABSTRACT: International law has come a long way in outlawing chemical weapon usage during warfare. From the 1907 Hague Convention to the 1997 Chemical Weapons Convention, there exists a comprehensive and mostly successful prohibition and verification regime for chemical weapons. However, the advent of modern warfare in recent conflicts in Syria and in Ukraine demonstrates compliance control is severely lacking for this form of weaponry. Consequently, there is no comprehensive accountability framework for international humanitarian law violations in the form of chemical weapon usage. Without explicit language criminalizing it, this heinous form of war crime ends up slipping under the radar. This article explores these jurisdictional gaps in both international and non-international armed conflicts and recommends ways the international community should cement its commitment to penalizing chemical weapon utilization.

Law, political economy and war reparation: The case of Bosnia and Herzegovina

AbstractWhat are the after‐effects of the Bosnia and Herzegovinian (BH) transition from a post‐socialist, post‐genocide, and post‐ethno‐nationalist state into a European liberal democracy? This article makes a case for war reparation and argues that while poverty reduction has not been among the stated aims of transitional justice mechanisms, it is of critical importance to study war victims' deprivation in the context of historical patterns of structural injustice and examine liberal reconstruction policies that failed to provide compensation and legal redress for gross violations of human rights and serious violations of humanitarian law. The article uses the historical sociology approach as a method of analysis to investigate how moving away from a socialist to a capitalist economic model, from war to peace, and from one party political system to liberal democracy has resulted in structural injustice and growing levels of poverty that adversely impact most vulnerable Bosnians. The article presents an argument that the lack of post‐war reparation programs, coupled with an inadequate emphasis on political regime change, poverty reduction programs and social and economic rights such as access to welfare, cash assistance, food, transportation, education, pension, and disability benefits to ensure the quality of living is detrimental to everyday lives of war victims and people who live at the bottom of the society.

The role of non-governmental human rights organizations in ensuring the collection of evidence for the international criminal court in the context of the war in Ukraine

In Ukraine, starting from February 2022, every day servicemen of the Russian army commit crimes that are a direct violation of international humanitarian law, not only on the front line, but also in the depths of the country, in the central and western regions. The author of the article analyzes the procedure for pre-trial investigation of international criminal crimes and the role of non-governmental public human rights organizations in this process. In addition, the new functions assigned to NGOs as separate non-governmental human rights organizations that have been operating on the territory of Ukraine since the beginning of the full-scale invasion were considered. The legal mechanisms for the involvement of NGOs in the collection of evidence on the ground, as well as the possibility of taking into account the collected information by international justice bodies, were studied. Specific examples and initiatives of the public sector, within the scope of the issue being studied, are given, and the functions, competences, and opportunities for increasing the effectiveness of NGO activity in the conditions of war are defined.
 It was concluded that non-governmental organizations, including human rights organizations, during the war in Ukraine discovered new areas of work and expanded the possibility of cooperation with state bodies. In turn, law enforcement agencies have provided access to limited information for the NGOs themselves by internal orders, which together increases the effectiveness of the pre-trial investigation of committed crimes. Thanks to this, feedback has been established. Special attention should be paid to the work of foreign NGOs and volunteers, which contributes to the recording of war crimes and crimes against humanity, which current Ukrainian refugees witnessed or became victims of.
 It was concluded that the main areas of evidence-gathering NGO activity are the following: 1) dissemination of information in the mass media about the condition of refugees who suffered as a result of the crimes of the Russian military, documenting the stories of witnesses of such offenses. In particular, the facts of torture and sexual violence (from the testimonies of refugees from Ukraine) were reported by the mass media in many European countries and beyond; 2) provision of advisory assistance regarding high-quality recording of episodes of criminal acts in order to recognize such evidence as appropriate; 3) peaceful gatherings and protests of public organizations, the active public against Russia’s war crimes in Ukraine, which, of course, is of great importance for the international community to recognize their severity and massiveness.
 It was concluded that the wide international recognition of the war crimes of the Russian Federation creates opportunities for the successful initiation of the International Tribunal or other judicial formats (such as the International Criminal Court, the Extraordinary Chamber) to bring the perpetrators to justice. All international actors collect evidence according to the clear requirements and standards of the International Criminal Court, and subsequently either transfer it to it or accumulate it in the prosecutor’s offices of certain countries for further referral to a designated responsible judicial body.

Das Leiden anderer betrachten – Die digitale Vorführung von Kriegsgefangenen zwischen Propaganda und Kriegsverbrechen

The display of Prisoners of War on social media has become an everpresent feature of international armed conflicts. Still, the limits of digital exposure have not yet been adequately defined under international law. The article analyses the legal validity of the prisoner’s individualisation as decisive factor for a violation of international humanitarian law. Moreover, the article outlines the circumstances under which the digital display qualifies as a war crime.

무력충돌시 문화재 파괴 행위에 대한 국제형사책임의 과제

Since the 1990s, situations in which culturally significant heritage sites serve as symbolic targets for intentional attacks, leading to the 'destruction of enemy communities,' have frequently occurred. The International Criminal Tribunal for the former Yugoslavia (ICTY), established to prosecute serious violations of international humanitarian law within the former Yugoslav territories, addresses prominent cases of intentional attacks and destruction of cultural property during the armed conflict, specifically targeting the annihilation of ethnic identity. This article examines the implications and limitations of international legal norms regarding the protection of cultural heritage during armed conflicts, focusing on the Dubrovnik Old Town shelling incident, a representative case of cultural property destruction prosecuted by the ICTY. Firstly, the intentional destruction of cultural heritage is undeniably a significant violation of values that the international community must protect. The pursuit of individual criminal responsibility for the destruction of cultural heritage within the international criminal tribunal signifies a substantial advancement in international efforts to protect cultural heritage during armed conflicts. The negative impact of the intentional destruction of cultural property on human dignity and universal human values is undeniable. However, ensuring effective protection of cultural property in the current normative context, where attacks on cultural property for military purposes may be justified, remains challenging. Secondly, military necessity, rooted in customary international law, limits attacks on enemy forces to military objectives, focusing on the centralization of enemy forces, balancing the military necessity of concentrated attacks on enemy forces with humanitarian considerations to protect civilian objects. However, determining what qualifies as a military objective can be challenging, as it depends on the circumstances of combat and operations. Regardless of whether the principle of proportionality is applicable, evaluating the military necessity from the perspective of cultural heritage protection is crucial. ICTY recognizes that even when military necessity justifies attacks on civilian objects, the intentional destruction of cultural heritage can have a significant impact on the psychological well-being of civilians and may upset the balance with military superiority. Thus, careful consideration is necessary when assessing the military necessity in cases where the protection of cultural property, with a higher need for protection than general civilian objects, is involved. Moreover, even if a target has dual-use, being considered a military objective, evaluating proportionality in the attack is essential to prevent harm to civilians, in accordance with the principle of proportionality. In conclusion, the intentional destruction of cultural heritage should be treated as a threat to the common values of the international community, necessitating appropriate legal and policy responses in line with the actual circumstances of the armed coflict. Military commanders should not only view attacks on cultural heritage as inevitable collateral damage but also recognize the gravity of such acts as war crimes and consider them strategically within military operations.

CURRENT TRENDS OF MILITARY OUTSOURCING DEVELOPMENT: INSTITUTIONAL AND ECONOMIC ASPECTS

Defence outsourcing is a complex and controversial issue that arises for a variety of reasons, including a lack of military resources, the need for specialised expertise, and the desire to reduce political influence and risks. However, today the practice of military outsourcing raises many questions about security, regulation, control, ethics, accountability and transparency. This requires deeper research into the economics of military outsourcing in terms of adopting its development as a strategic goal.
 The purpose of the study is to summarise the theoretical and methodological basis and deepen the conceptual foundations of the military outsourcing economy, to substantiate the determinants of the formation of an effective institutional environment for the military outsourcing market, based on the analysis of global trends and national practices. The research methodology is based on systematic, comparative and economic analysis. It has been determined that the methodological basis of the outsourcing concept is the theory of the firm and contractual relations, transaction cost economics, public choice and organisational economics, the historical evolutionary combination of which has influenced the formation of approaches to the implementation of outsourcing as a component of the management model. The high efficiency of implementation of the outsourcing concept in commercial companies has led to its penetration into the armed forces and has led to the development of military outsourcing, the purpose of which is to optimise national military budgets on the basis of maximising economic, military, social and political effects. The generalisation of theoretical and methodological foundations allowed the author to substantiate the principles and build a composite structure of the concept of military outsourcing, as well as to identify coherent groups of objects and subjects of participation.
 An assessment of the current world practice of military outsourcing has made it possible to identify segmental trends in its development in the context of the urgent need to optimise national military budgets and to conclude that the pragmatic incentive is, on the one hand, the dilemma of growing military budgets and the importance of their optimisation, and, on the other hand, the urgent need to reduce costs. The author proves that military outsourcing is of great importance in the system of performing security functions of the State. A comparative analysis, identifying the advantages and disadvantages of the concepts of military outsourcing implemented by countries around the world, has revealed the dependence of their success on the quality of the institutional environment and substantiated the feasibility of applying a situation-based approach to its formation. According to this approach, the structuring of tasks assigned to the national armed forces should be implemented based on the principles of security priority and efficiency. The application of this approach makes it possible to increase the efficiency of military (combat) tasks without significantly reducing the degree of success in achieving the planned result, since the balance between the use of outsourcing and state self-sufficiency in this case is derived from adaptation to the current security situation. Proposals for building an operational framework for an effective institutional environment for military outsourcing in Ukraine are presented, outlining the main determinants, based on the analysis of global trends and national practices. It is noted that its formation should include: justification of the set of military and security functions that should be outsourced to private companies; description of the mechanisms of state control over the activities of private military companies and organisation of state response to cases of violations of human rights and/or humanitarian law.

VIOLATIONS OF HUMANITARIAN LAW: CONSISTENCE OF THE GENEVA CONVENTIONS IN THE PALESTINE – ISRAEL WAR

This paper discusses the Humanitarian Law Violations in the Palestine – Israel war which caused a humanitarian crisis due to the Israeli attack. Muslim countries that recognize the status of independent Palestine are furious to see the wars that never stop being prolonged. We need to know that violations of humanitarian law in the wars between Palestine and Israel were committed by these two countries. Implementation of the Geneva Conventions is a solution to strengthen the principles of humanitarian law from violations committed by the two disputing countries. This paper will define how to enforce humanitarian law violations that occurred in the Israeli and Palestinian wars and define humanitarian law violations in the Israeli and Palestinian wars. This paper uses a qualitative descriptive method using the concept of the principles of humanitarian law and the Geneva Conventions.

Russian-Ukrainian Conflict: International Humanitarian Law and Civilian Settlements

The research analyzes the views of the International Humanitarian Law (IHL) and UN Charter violations in the case of the invasion of civilian settlements in the Russia-Ukraine conflict for justice. The conflict, which took place on February 24, 2022, has raised serious concerns about violations of the UN Charter and IHL and the protection of civilians. This research collected data and information from various primary and secondary sources, including reports of international organizations, legal documents, and journal analysis. A qualitative approach was used to analyze the impact of the invasion of civilian settlements on IHL in the case of the Russia and Ukraine case. The results show that the view of IHL in the context of the invasion of civilian settlements in the Russia-Ukraine case has caused great harm to civilians, ranging from damage to homes, infrastructure, and public facilities, including casualties. It also appears that Russia has ignored the guiding principles of the UN Charter. To overcome this problem, several steps can be taken. First, there is a need to increase understanding and awareness of IHL among all parties involved in the conflict. Second, increase efforts to maintain brotherhood between nations. Third, working together to assist in humanitarian terms in the event of armed conflict, famine, and starvation. The resulting policy implications and recommendations can be used as a guide for policymakers and practitioners to improve the humanitarian protection of civilians in the future.

State Immunity from Civil Jurisdiction in Transboundary Environmental Litigations

Abstract The paper offers a de lege lata and de lege ferenda analysis of State immunity from civil jurisdiction in cases related to environmental transboundary damage, including climate change litigations. De lege lata, the analysis focuses on the customary exceptions to State immunity, namely the restrictive doctrine and the forum tort exception. De lege ferenda, the contribution firstly discusses the recent domestic case law lifting jurisdictional immunity for acts jure imperii which amount to serious violations of human rights and/or humanitarian law. Secondly, it seeks to open the discussion on a possible reform of the forum tort exception on the model of the European discipline of private international law in matters of tort, in order to ensure better protection of the individual right to an effective remedy.

Understanding Russia’s Actions in Ukraine as the Crime of Genocide (Translation into Ukrainian by Denys Azarov)

This is the Ukrainian-language version of the article previously published in the Journal of International Criminal Justice (Denys Azarov, Dmytro Koval, Gaiane Nuridzhanian, Volodymyr Venher, Understanding Russia’s Actions in Ukraine as the Crime of Genocide, Journal of International Criminal Justice, Volume 21, Issue 2, May 2023, Pages 233–264, https://doi.org/10.1093/jicj/mqad018) by Oxford University Press. The translation is published under the terms of the Creative Commons Attribution License CC BY 4.0. Abstract from an English edition. The new wave of Russia’s aggression against Ukraine that began on 24 February 2022, and the intensification of the armed conflict accompanied by grave breaches of international humanitarian law, has received significant scholarly attention. Many academic interventions have examined the developments in Ukraine through the frameworks of jus ad bellum and jus in bello. Some, however, have applied a genocide lens to make sense of reported numerous and widespread violations of international humanitarian and human rights law. This article contributes to the latter stream of scholarship by contextualizing the arguments for the existence of genocidal intent behind the seemingly unrelated crimes committed by the armed forces of the Russian Federation all over Ukraine. The authors pay particular attention to the language and pseudo-historical references used by Russia’s leaders as a justification for the invasion of Ukraine and argue that these statements and expressions indicate the existence of genocidal intent. This article also reflects on the issue of the systematic destruction of cultural heritage of Ukraine as further evidence of the intent to destroy the Ukrainian nation understood as a protected national group under the Genocide Convention, at least in part. Finally, the authors analyse the genocidal acts that have apparently been committed, including killings; the causing of serious bodily or mental harm; the forcible transfer of Ukrainian children to Russia, and the deliberate infliction of conditions of life aimed at the physical destruction of the Ukrainian nation. It is stressed that there are reasonable grounds to believe that the destruction of the Ukrainian nation by Russia has been pursued through commission of these prohibited acts. Their nature and large-scale character serve as further evidence of genocidal intent to destroy the Ukrainian nation.

A Short History of Prosecuting Crimes under International Law in Germany

Abstract This article takes the 20th anniversary of the entering into force of the German Code of Crimes against International Law (Völkerstrafgesetzbuch, CCAIL) as an opportunity to offer a historical review of the prosecution of international crimes in (West-)Germany. Starting from the post-World War II period, it flags early milestones, including efforts to hold accountable before German courts those involved in Nazi atrocities, in state oppression in the German Democratic Republic, in violations of international humanitarian law during the Yugoslav wars, and in dictatorship crimes in Argentina. This article then focuses on the practical implementation of the CCAIL and presents, at a glance, major trends, flaws and lessons learned over the past 20 years. It identifies four major phases: standstill, build-up, implementation and consolidation. This article concludes with a call for German judges and prosecutors to step up their efforts to contribute to a uniform and universal enforcement of international criminal law.

War crimes and ensuring Ukraine's national security through the prism of Russia's armed aggression

Modern democratic states of the world make a lot of efforts to ensure national security, which is one of the priority areas of state activity. In recent years, you have observed armed aggression on the part of individual states, evidence of which is the illegal invasion of the territory of Ukraine by Russian troops in February 2022 and the commission of a number of war crimes by them. The article uses general and special scientific methods. A war crime is a violation of international humanitarian law or national legislation by a serviceman or other person participating in an armed conflict or involved in military activities, with the aim of harming the civilian population, prisoners of war, objects of cultural heritage, etc. Such acts may include, for example, murder, torture, violence, sexual crimes, ethnic cleansing, violence against children, forced displacement of populations and other crimes that entail responsibility under international law. The specified crimes should certainly be considered crimes against humanity, because they are particularly brutal and massive, as well as being exclusively intentional in nature, and are a serious threat to the humanitarian situation both in a specific state and in the whole world in general.

Forced Migration from Ukraine during the Russian-Ukrainian War: impact on the EU and Ukraine

The full-scale invasion of Russia into Ukraine on February 24, 2022, which was accompanied by the violation of humanitarian law and the demolition of civilian infrastructure, has led to the emergence of forced migration. Millions of people left the country within a short period. On March 4, the EU Temporary Protection Directive was reactivated in response to the unprecedented flow of migrants from Ukraine. EU countries have opened their borders to migrants from Ukraine, providing them with shelter and assistance. Poland and its neighbouring states, such as Romania, Moldova, Hungary, as well as the Czech Republic, Slovakia, Germany, Austria, received the highest quantity of migrants. The wave of migration has had a noticeable influence on the functioning of labour markets and employment, even in those regions of Ukraine which have not been exposed to military activity. Comprehensive studies show that external migration, among other factors, will significantly affect the demographic situation in Ukraine due to the increase in the number of people who do not plan to return from abroad. A key factor in the crisis is the fact that the majority of these people is youth of employable age and children. Besides, educational migration from Ukraine to EU countries has also increased significantly. The influx of immigrants who have established themselves in the nations of the European Union have significantly impacted the labour markets of these countries, putting a considerable strain on the public funds of the host countries. The question of Ukrainian immigrants’ ability to engage in activities such as schooling (including access to educational opportunities for children), employment, residence, and healthcare in both the immediate and long-term future is coming to the fore. Ukrainian and international scholars alike have done numerous studies on external migration from Ukraine; nonetheless, the forced migration resulting from the full-scale military invasion of Ukraine has yet to be adequately examined. Subsequently, the article is intended to examine the displacement circumstances in Ukraine and the EU and to evaluate the consequence of compulsory external migration in Ukraine and the EU.