Should Ukraine restore its military courts? That is among the timely questions posed in an excellent new article: Olena Ovcharenko, Anatoliy Kozachenko, Roman Kabalskyi & Oleksandr Savchuk, Judiciary in Ukraine and Challenges of Wartime:The Protection of Human Rights in Extraordinary Conditions and Prospects of Restoring Military Courts, 2025 Isr. L. Rev. 1. Abstract:
The purpose of this study is to discuss possible solutions to stated problems and to reflect on the prospects for the resumption of military justice in Ukraine. The research formulates solutions for overcoming the negative consequences for the judiciary of the armed aggression by Russia against Ukraine. With regard to the limited institutional and human resources of international tribunals such as the International Criminal Court, the main burden of the investigation and trial of cases arising from military legal relations will be placed on the Ukrainian judicial system. International tribunals play a more global role, which is imposing responsibility on the organisers of armed aggression against Ukraine and placing sanctions on the military and political leaders of the aggressor country. For the judiciary of Ukraine, the best way to resolve this significant problem is to restore the system of military courts, which were voluntarily liquidated in 2010. The restoration of military courts will make it possible to unload pressure from the system of courts of general jurisdiction, to ensure prompt resolution of hundreds of thousands of cases of compensation for damage caused to citizens and businesses as a result of the hostilities, as well as the just trial of criminal proceedings for military and war crimes.
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