The aggression of the Russian Federation against Ukraine has called into question the possibility of the future existence of international law. These issues are the effectiveness of mechanisms for holding guilty states and perpetrators accountable for massive violations of human rights and international crimes and updating the system of international institutions to prevent a recurrence of aggression in the future. To this end, it is necessary to coordinate different international, regional, and national legal instruments of accountability for international crimes. The article aims to review the legal instruments for bringing to legal responsibility for human rights violations and war crimes committed as a result of Russian aggression in Ukraine and to highlight the existing areas and approaches to form a comprehensive vision and use of such means and instruments.

The author points out that the following issues need to be resolved: prosecution of Russian officials for aggression, extradition of perpetrators from the territory of the Russian Federation to the relevant international legal institutions, formation of a register of damage caused by aggression, and assessment of this damage, and recording of war crimes and human rights violations committed as a result of Russian aggression in Ukraine at the appropriate procedural level.

 Legal accountability for human rights violations and international crimes is carried out at the following levels: evidential (recording of international crimes, primary and basic); institutional (creation of new and proper functioning of existing international legal and national institutions to summarize facts and evidence, evaluate them and make a decision); provisional (delivery of suspects to the relevant institutions, seizure and confiscation of property to ensure compensation for the damage, enforcement of decisions of international institutions).

 The fairness of international legal efforts implies recognition of the Russian Federation’s aggression as criminal, bringing to international responsibility the guilty officials of the Russian Federation and the state as a whole, material compensation to the victims and their relatives, and creation of a system for restoring the economy and environment of Ukraine affected by the Russian aggression.

Bibliography

Authored books

1. Ainley Kirsten, Kersten Mark, Dakar Guidelines on the Establishment of Hybrid Courts (2019) (in English).

2. Corten O, Koutroulis V, Tribunal for the crime of aggression against Ukraine – a legal assessment (European Parliament 2022) (in English).

Edited books

3. Pocar Fausto, Pedrazzi Marco, Frulli Micaela (ed), War Crimes and the Conduct of Hostilities: Challenges to Adjudication and Investigation (Edward ELGAR 2013) (in English).

4. Olena O, Marko S, Riashko O, ‘How to punish war criminals in Ukraine: mechanisms for restoring justice’, Stratonov V (ed). Military offences and war crimes: background, theory and practice (Baltija Publishing 2023) 205–18 (in Ukrainian).

Newspaper articles

5. Philippe S, ‘Putin’s use of military force is a crime of aggression’ (Financial Times, 28.02.2022) <https://www.ft.com/content/cbbdd146-4e36-42fb-95e1-50128506652c> (accessed: 06.06.2023) (in English).

6. Philippe S, ‘There can be no impunity for the crime of aggression against Ukraine’ (Financial Times, 17.02.2023) <https://www.ft.com/content/c26678cb-042c-4b84bb26-88047046601a> (accessed: 06.06.2023) (in English).

7. Philippe S, ‘Why we need a new Nuremberg trial to make Putin pay: From Britain’s leading expert on crimes against humanity Philippe Sands, a powerful personal plea for the world to hold a tribunal like the one which condemned Hitler’s henchmen’ (Daily Mail, 04.03.2022) <https://www.dailymail.co.uk/news/ukraine/article-10579137/ PHILIPPE-SANDS-need-new-Nuremberg-trial-make-Putin-pay.html> (accessed: 06.06.2023) (in English).

 Websites

8. Lebid V, ‘Porushennia konventsii pro zapobihannia henotsydu: shcho dali vidbuvatymetsia u Mizhnarodnomu Sudi OON?’ (Ukrainian Helsinki Union on Human Rights, 22.06.2022) <https://www.helsinki.org.ua/articles/sprava-ukraina-proty-rosii-shchodoporushenniakonventsii-pro-zapobihannia-henotsydu-shcho-dali-vidbuvatymetsia-umizhnarodnomusudi-oon> (accessed: 05.06.2023) (in Ukrainian).

9. Lebid V, ‘Shcho vidbuvaietsia na yurydychnomu fronti u mizhnarodnykh sudakh?’ (Ukrainian Helsinki Union on Human Rights, 22.03.2022) <https://www.helsinki.org. ua/articles/shcho-vidbuvaietsia-na-iurydychnomu-fronti-u-mizhnarodnykh-sudakh> (accessed: 05.06.2023) (in Ukrainian).