The Russian–Ukrainian war: The possibilities of ensuring accountability

Varga, Réka (2023) The Russian–Ukrainian war: The possibilities of ensuring accountability. HUNGARIAN JOURNAL OF LEGAL STUDIES, 64 (4). pp. 580-588. ISSN 2498-5473

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Abstract

The outbreak of the Russian–Ukrainian war fundamentally shook the international legal order. Consequently, possibilities of holding the aggressor state and potential perpetrators of international crimes accountable became a central topic. Options for establishing state responsibility for violating international law are limited. Possible individual criminal prosecution mechanisms are available at both national and international levels. At the national level, several jurisdictional bases can be found for prosecuting the most serious international crimes. In addition to the procedures at the national level, the International Criminal Court has jurisdiction at the international level in terms of holding persons accountable; however, this also faces challenges. In connection with the current conflict, the International Criminal Court cannot conduct proceedings in relation to all categories of crimes, so the international community seeks to rely on alternative mechanisms that support prosecution efforts. Furthermore, there is an increasing political demand for the creation of new mechanisms which, however, for the time being, are based on shaky international legal grounds.

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