<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.
Authors
- Agnieszka Kubal (ORCID: https://orcid.org/0000-0003-0264-7740)
- Hanna Oliinyk (ORCID: https://orcid.org/0009-0003-8685-7426)
Institutions
- University of Oxford (GB)
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