PROSECUTION OF WAR CRIMES IN UKRAINE: LEGAL FRAMEWORK AND INTERNATIONAL COOPERATION

Since February 19, 2014, an ongoing Russia`s aggression against Ukraine has unfolded, marked by the Russian Federation's subsequent temporary occupation of parts of Ukrainian territory.This warfare, initially addressed by the UN General Assembly's Resolution 68/262 in March 2014, reiterated the international community's stance on Crimea's status and Ukraine's territorial integrity.Despite these declarations, Russia's escalation of aggression in February 2022, characterized by missile strikes and severe violations of Ukraine's borders, has intensified the warfare.The imposition of martial law in Ukraine on February 24, 2022, under Presidential Decree No. 64/2022, has been a significant response to the invasion.On March 2, 2024, the UN General Assembly overwhelmingly adopted Resolution ES-11/1 condemning Russia's invasion and demanding an immediate withdrawal, underscoring the warfare's gravity and the breach of international law.Despite the acknowledgment of Russia's aggression by international bodies, such as the Parliamentary Assembly of the Council of Europe and the International Court of Justice, the war has persisted with daily violations of international humanitarian law by Russian forces.This article explores the application and interpretation of Article 438 of the Criminal Code of Ukraine, which addresses the violation of laws and customs of war.It examines judicial practices in Ukraine concerning this article and identifies issues requiring further legislative refinement or international agreements.A thorough review of Article 438 reveals seven key forms of war crime it encompasses, including cruel treatment of civilians, pillage, and use of prohibited warfare methods.The article analyses Ukrainian judicial decisions related to these crimes, with a focus on recent court cases illustrating the prosecution of war crimes under Article 438.Results indicate a significant number of war crimes investigations, including 82,763 cases of aggression and war crimes, with thousands of civilian casualties reported.Notable cases from Kherson, Odesa, and Chernihiv regions highlight severe violations by Russian forces, including torture and extrajudicial killings.The article concludes by emphasizing the importance of adhering to international humanitarian law and the role of international cooperation in prosecuting war crimes.It advocates for continued support from global entities in maintaining legal standards and ensuring accountability, crucial for the future global order and post-war justice.