FROM WAR CRIMES TO DOMESTIC VIOLENCE: THE «CONTINUUM OF VIOLENCE» CONCEPT AND CHALLENGES FOR CRIMINAL JUSTICE AND SOCIAL SERVICES

Abstract

This article examines the interconnection between war crimes with gendered consequences and domestic violence in Ukraine through the lens of the «continuum of violence» concept. It proceeds from the premise that, under conditions of full-scale war, risks of violence are not confined to isolated «incidents» or separate jurisdictions: practices of control, coercion, stalking, and harm may shift in form and intensity, yet they form an uninterrupted trajectory of victimization-from «everyday» manifestations in the private sphere to conflict-related sexual violence, and vice versa. The study demonstrates that such continuity exposes a systemic deficiency in responses-namely, the fragmentation of criminal justice and social services-which forces the victim/survivor to repeatedly recount the history of violence, increases the risk of secondary victimization, and encourages an «incident-by-incident» approach to ongoing abusive behaviour. Drawing on an analysis of domestic regulation, case law, and international standards (the State’s positive obligations and the Istanbul Convention), the article substantiates the need for a coordinated, survivor-centred case pathway that integrates safety, documentation, legal qualification, procedural support, and recovery. It proposes a model of a «single case pathway» and a «single case file» as tools of integration, including standardized initial risk assessment, the «one contact-multiple services» principle, minimization of repeated interviews, and confidentiality safeguards when sharing the minimum necessary data. The article emphasizes the role of courts in reasoning decisions with due regard to the risk of повторюваності (repeat/recurrence) and highlights the importance of probation and perpetrator programmes as instruments for preventing reoffending. Recommendations are formulated for the short-, medium-, and long-term, aimed at reducing the recurrence of violence, improving the quality of disaggregated data, and strengthening inter-agency accountability for the ultimate outcomes of protecting victims’ rights during wartime.

Keywords: gender-based violence; domestic violence; continuum of violence; conflict-related sexual violence; war crimes; criminal justice; social services; Istanbul Convention.