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