Issues of Domestic Prosecution of War Crimes in Ukraine
Project aiming to legally asses issues of the prosecution of war crimes in the context of the Russo-Ukrainian War. The project is conducted by Artem Nazarko and is funded under the EU’s Marie Skłodowska-Curie Actions scheme.
Main content
On 24 February 2022, Russia launched a full-scale military invasion of Ukraine, killing and injuring civilians while destroying civilian infrastructure such as hospitals, schools, and residential buildings. There have been indiscriminate attacks in violation of the laws and customs of war, most of which may amount to war crimes. As of 21 October 2022, more than 43 000 war crimes are pending investigation, according to official data of the Prosecutor General's Office of Ukraine.
This research project aims to develop new legal knowledge and understanding of domestic prosecution of violation of International Humanitarian Law and preconditions for fair war crimes trials in the context of Russo-Ukrainian War of 2022. The project will answer three research questions:
- What are preconditions (such as appropriate legislation, independent and impartial decision makers, procedural safeguards/fair procedures and sufficient resources) for fair domestic war crimes trials in Ukraine?
- What role does experience of international war crimes prosecution (such as trials at the ICC, special international Ukraine tribunal and in other states under universal jurisdiction) play for domestic prosecution in Ukraine?
- What is the interplay between the international and domestic levels of prosecution of war crimes in the context of the Russo-Ukrainian War of 2022?
About the researcher
Artem Nazarko holds a Master of Law in International Law from the National University `Odesa Law Academy`. He startet the PhD programme in Law at the same institution in 2021, but his studies were interrupted because of the war in 2022. As a result of the MSCA4Ukraine fellowship he will continue his doctoral work at the Faculty of Law UiB, implementing the project 'Issues of Domestic Prosecution of War Crimes in Ukraine'.
About the supervisors
Main supervisor: Terje Einarsen, Professor of Law at the UiB. His fields of competence include inter alia International Criminal Law, Human Rights and Refugee Law. Einarsen is currently head of the independent research project 'Universal Crimes Project'. In addition to his research and teaching, Einarsen is a Senior Research Associate at the University of London, a Lawyer with permission to appear before the Norwegian Supreme Court, and the Chairman of the International Commission of Jurists – Norway.
Co-supervisor: Liliia Oprysk, Associate Professor at the UiB. Her field of competence include Copyright Law, Data protection law, EU law/EEA law and Intellectual Property Law. She is also working with topics related to harmonisation of Ukrainian law with the EU acquis and Ukraine's path to EU Membership.
