The Impact of the War in Ukraine on the Constitutional Rights of Citizens and International Mechanisms for Their Protection
The article analyses the impact of the war in Ukraine, which has been ongoing since 2014, on the constitutional rights of citizens and the legal system of the state. The armed conflict, especially after Russia’s full-scale invasion in 2022, has led to massive violations of human rights, such as the right to life, freedom of movement and security. International law and national constitutional guarantees interact to ensure the protection of the rights of Ukrainian citizens in time of war. In this process, international organisations and courts play an important role, which allows compensating for the limitations of national mechanisms under martial law and enhances international responsibility for crimes against civilians. The author examines the sustainability of ensuring these rights in wartime, in particular due to the destruction of infrastructure and civilian casualties. Particular attention is paid to the role of international organisations and judicial mechanisms, such as the European Court of Human Rights and the International Criminal Court, in protecting the rights of Ukrainians and bringing perpetrators of war crimes to justice. The article also examines the limitations of rights permissible under martial law and emphasises the importance of cooperation between national and international legal norms to protect citizens in time of war. The war in Ukraine has demonstrated the need to adapt certain constitutional provisions to new realities. Firstly, national legislation had to respond quickly to new challenges associated with military operations: the issue of internally displaced persons, ensuring the rights of military personnel, and justice for war crimes. Secondly, there is a need to improve the mechanisms for protecting human rights of those affected by the war. This includes speeding up court proceedings and new legislative initiatives aimed at compensating citizens whose homes and property were destroyed by the hostilities. Keywords: war, constitution, human rights, human rights violations.
Authors
- Olena Romtsiv (ORCID: https://orcid.org/0000-0002-3776-7120)
- Volodymyr Mykhaniv
Publication Details
- Journal
- Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
- Published
- 2025-03-21
- DOI
- https://doi.org/10.23939/law2025.45.202
- Primary Topic
- European and International Law Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00