CRIMINAL LIABILITY FOR WAR CRIMES IN UKRAINE IN THE CONTEXT OF THE IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

Abstract

The article is dedicated to a comprehensive
analysis of the concept and characteristics of the
category of "war crimes" and the specifics of criminal
liability for war crimes in Ukraine within the
framework of the implementation of the norms of the
Rome Statute of the International Criminal Court
(ICC). Given the increasing number of war crimes
committed during the Russian-Ukrainian war, the
issue of effectively prosecuting those responsible has
become highly relevant for Ukraine’s legal system.
The primary objective of the article is to examine the
mechanisms for holding individuals accountable for
such crimes through the lens of international standards enshrined in the Rome Statute.

The article addresses the main challenges
Ukraine faces in the process of implementing these
norms, including issues of legislative regulation and
gaps in national legislation. The authors emphasize
that although Ukraine is not a full participant in the
Rome Statute, it has recognized the jurisdiction of the
ICC over crimes committed on its territory, creating a
legal foundation for holding perpetrators accountable
under international criminal law.
Attention is also given to the analysis of the
existing challenges related to harmonizing the
national legal system with international standards on
criminal liability for war crimes. Particular focus is
placed on the difficulties in proving such crimes and
the coordination of efforts between national
authorities and international organizations. A key
aspect of the research is identifying legal obstacles
that hinder the effective prosecution of war criminals,
particularly those involved in military actions on
Ukrainian territory.
The article also provides recommendations for
improving Ukraine's legal framework to enhance its
ability to ensure justice and the inevitability of
punishment for war crimes. Special emphasis is
placed on the need to amend Ukraine’s Criminal Code
in accordance with the provisions of the Rome Statute,
which would allow for the more effective application
of both national and international mechanisms of
criminal responsibility.
Overall, the research aims to identify pathways
for improving national legislation in the area of
prosecuting war crimes and ensuring Ukraine's
compliance with its international obligations in the field of international criminal law.

Keywords: war crimes, elements of crimes, implementation, international criminal law, International Criminal Court (ICC), criminal liability, prosecution of war criminals, violation of the laws and customs of war, Rome Statute.