<i>Inter Arma, Judicialis:</i> Legal Bricolage and the Agency of Ukrainian Judiciary in Wartime

This paper investigates how Ukrainian judges respond to the challenges of wartime adjudication following Russia's invasion. Based on 17 interviews with judges across Ukraine, it explores their adaptive legal strategies amid uncertainty and institutional strain. The study conceptualises judges as legal bricoleurs, who drawing on international human rights norms – such as the Namibia exception and the European Court of Human Rights caselaw – balance civil liberties with national security. It argues that war has served not only as a site of crisis but also of legal creativity, fostering engagement with international law and laying groundwork for Ukraine's post-war transitional justice and alignment with global legal standards.

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Publication Details

Journal
Social & Legal Studies
Published
2025-12-03
DOI
https://doi.org/10.1177/09646639251396506
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

Inter Arma, Judicialis: Legal Bricolage and the Agency of Ukrainian Judiciary in Wartime

Agnieszka Kubal, Hanna Oliinyk
Social & Legal Studies
International Law and Human Rights
article

Inter Arma, Judicialis: Legal Bricolage and the Agency of Ukrainian Judiciary in Wartime

Agnieszka Kubal, Hanna Oliinyk
article en

Abstract

This paper investigates how Ukrainian judges respond to the challenges of wartime adjudication following Russia's invasion. Based on 17 interviews with judges across Ukraine, it explores their adaptive legal strategies amid uncertainty and institutional strain. The study conceptualises judges as legal bricoleurs, who drawing on international human rights norms – such as the Namibia exception and the European Court of Human Rights caselaw – balance civil liberties with national security. It argues that war has served not only as a site of crisis but also of legal creativity, fostering engagement with international law and laying groundwork for Ukraine's post-war transitional justice and alignment with global legal standards.

Social & Legal Studies
University of Oxford (GB)
Openalex Percentile: Top 58%
International Law and Human Rights
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<i>Inter Arma, Judicialis:</i> Legal Bricolage and the Agency of Ukrainian Judiciary in Wartime — Agnieszka Kubal, Hanna Oliinyk · Social & Legal Studies (2025) | TGRS Research Map | TGRS