LEGAL MECHANISMS FOR INVESTIGATING WAR CRIMES IN INTERNATIONAL CRIMINAL LAW

Abstract

Abstract. The article examines the legal aspects of Ukraine’s ratification of the Rome Statute of the International Criminal Court as one of the key components of the international legal mechanism for holding individuals accountable for international crimes committed on Ukrainian territory. Special attention is paid to the lengthy history of this process, the constitutional obstacles Ukraine faced, and the practical steps taken to implement the provisions of the Rome Statute into national legislation. The article highlights scholarly debates regarding the potential consequences of joining the International Criminal Court and emphasizes the importance of harmonizing Ukraine’s criminal legislation with international standards in the field of war crimes. Particular focus is placed on Article 31-1 of the Criminal Code of Ukraine, its significance, and its shortcomings. The role of ratification is explored in the context of justice mechanisms, ensuring the rights of victims, strengthening international cooperation, and improving the effectiveness of the national criminal justice system. The article identifies the need to eliminate legal conflicts and uncertainty regarding the ICC’s jurisdiction in Ukraine in order to ensure justice and counter impunity during armed conflict.

 

Keywords: Rome Statute of the International Criminal Court; International Criminal Court; war crimes; jurisdiction; criminal responsibility; justice; international law.

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Author Biographies

Mykhailo LOSHYTSKYI

Doctor of Law, Professor, Head of the Department of Military Law and Law Enforcement Activities of the National Defense University of Ukraine, Kyiv, Ukraine

Bohdana TYCHNA

PhD in Law, Head of the Department of Legal Support of the National Defense University of Ukraine, Kyiv, Ukraine


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Published
2025-08-26
Section
Статті