Models for trying war crimes and other significant human rights violations within the national judicial system
Undoubtedly, Ukraine wants to investigate international crimes committed during Russia's armed aggression. However, the critical issue is whether Ukraine is capable of doing it effectively while maintaining international legal standards in the field of human rights. International law experts have already questioned the ability of Ukrainian judges to consider cases involving Russian servicemen in an impartial and fair manner, and some decisions of Ukrainian courts regarding international crimes have been criticized.

This research paper is meant to describe possible models of trying international crimes that can be implemented into Ukraine's national judicial system to ensure their due review and trial. The authors describe in detail the very idea, the procedure for implementation, as well as the pros and cons of every judicial model.

The paper begins with an overview of Ukraine's current judicial system and its ability to try cases of international crimes. This is followed by a description of the models themselves: specialization of judges, a separate Specialized Court, and a hybrid tribunal with international judges. At the end of the paper, the authors emphasize the importance of involving international experts to facilitate the proper trial of international crimes.

Such models and tools can improve the validity of judicial decisions and ensure compliance with the standards and guarantees of a fair trial in cases of international crimes.

Читати українською
View PDF