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War-Torn Justice: Empirical Analysis of the Impact of Armed Conflict on Fair Trial Guarantees in Ukraine

Kaja Kowalczewska Orcid Logo

Revista Brasileira de Direito Processual Penal, Volume: 9, Issue: 3, Pages: 1061 - 1107

Swansea University Author: Kaja Kowalczewska Orcid Logo

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Abstract

Amid the ongoing armed conflict triggered by Russian aggression, Ukraine faces the enormous task of upholding due process standards and ensuring justice for conflict-related crimes. This article explores the challenges faced by the Ukrainian judicial system following the aggression. The study invest...

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Published in: Revista Brasileira de Direito Processual Penal
ISSN: 2525-510X
Published: Instituto Brasileiro de Direito Processual Penal 2023
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URI: https://cronfa.swan.ac.uk/Record/cronfa70675
Abstract: Amid the ongoing armed conflict triggered by Russian aggression, Ukraine faces the enormous task of upholding due process standards and ensuring justice for conflict-related crimes. This article explores the challenges faced by the Ukrainian judicial system following the aggression. The study investigates the impact of the conflict on the country's capacity to prosecute violations of international humanitarian law. Despite the complexity of the situation, Ukraine's judicial system has demonstrated resilience in upholding guarantees of a fair trial. However, obstacles persist that require in-depth analysis of the legal and operational context. This research adopts a systematic approach, investigating contextual considerations, the state of the Ukrainian judicial system, and analyzing inquiry data to highlight organizational, ethical, political, and social challenges. The research presents valuable insights for the debate on justice and accountability in regions affected by armed conflict, underscoring the need for continued efforts to safeguard the principles of due process in Ukraine.
Keywords: Ukraine; Armed conflict; Fair trial; Conflict-related crimes; Judicial challenges
College: Faculty of Humanities and Social Sciences
Issue: 3
Start Page: 1061
End Page: 1107