War-Torn Justice: Empirical Analysis of the Impact of Armed Conflict on Fair Trial Guarantees in Ukraine

Justiça devastada pela guerra: análise empírica do impacto do conflito armado sobre garantias do justo processo na Ucrânia

Abstract

Amidst the ongoing armed conflict triggered by Russian aggression, Ukraine faces the formidable task of upholding fair trial standards and ensuring justice for conflict-related crimes. This research explores the challenges encountered by the Ukrainian judicial system in the aftermath of the aggression. The study investigates the impact of the conflict on the country’s ability to prosecute violations of international humanitarian law. Despite the complexity of the situation, Ukraine’s judiciary has demonstrated resilience in upholding fair trial guarantees. However, obstacles persist, necessitating a thorough examination of the legal and operational context. The study adopts a systematic approach, delving into contextual considerations, the state of the Ukrainian judiciary, and survey data analysis to highlight organizational, ethical, political and social challenges. The research contributes valuable insights to the discourse on justice and accountability in regions affected by armed conflict, underscoring the need for continuous efforts to safeguard fair trial principles in Ukraine.

Keywords
Ukraine; Armed conflict; Fair trial; Conflict-related crimes; Judicial challenges