Abstract

HARS, András. Avenues for establishing criminal responsibility for international crimes committed during the Russo-Ukrainian armed conflict. População e Sociedade [online]. 2023, n.39, pp.1-16.  Epub Oct 02, 2023. ISSN 0873-1861.  https://doi.org/10.52224/21845263/rev39a1.

The armed conflict between Russia and Ukraine has once again drawn the attention of the international community to an inter-state war in its classical sense. Unfortunately, it also means that a ‘side-effect’ of armed conflicts has resurfaced in the form of international crimes. Both sides accuse one another of war crimes, crimes against humanity and to a degree even genocide. The crime of aggression is also being analysed by academia as the most serious violation of the prohibition of the use of force. Even though the end of war is nowhere in sight, discussion needs to be initiated on how to establish accountability mechanisms for these crimes. This paper will analyse four possible scenarios, weighing advantages and disadvantages along with a reality check to ascertain their feasibility. Firstly, processes before the International Criminal Court will be assessed followed by a quick overview of the role of domestic courts. As the third and fourth possibilities, the establishment of an ad hoc tribunal or a hybrid court will be looked into. The novelty element of the present article lies in the comprehensive comparison of the various international, internationalized and domestic forums with the goal of aiding the decision-making process of the parties and the international community seeking justice for international crimes committed over the course of the armed conflict.

Keywords : International Criminal Law; International Tribunals; Ad Hoc Tribunal; Hybrid Courts; Russia and Ukraine..

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