War Crimes Trials Before Domestic Courts in Ukraine – Making the Case for a Differentiated Approach to International Law

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Authors: Mark Klamberg
Cited by: 0

Abstract

Abstract This article analyses domestic war crimes prosecutions in Ukraine in terms of the scope of Ukraine’s war crimes statute and the applicability of domestic general criminal law principles. As part of analysing Ukraine’s war crimes statute, the article creates a typology of approaches to criminalizing war crimes, which is relevant for domestic jurisdictions beyond Ukraine. Moreover, the article argues for a differentiated approach in Ukraine and other domestic jurisdictions, meaning that international humanitarian law should have a decisive role in defining the scope of the specific war crimes, whereas general principles of criminal law should be governed by domestic law.

Fields of Study & Subjects

International Law and Human Rights European and International Law Studies Torture Ethics and Law

Publication details

Journal / source
International Criminal Law Review
Publisher
Walter de Gruyter GmbH
Volume
26
Issue
2
Pages
163–187
Publication date
23 January 2026
Language
EN