Sopilnyk L. Judicial protection of the rights of victims of war crimes

The dissertation is one of the first comprehensive studies on judicial protection of the rights of victims of war crimes. Based on the systematic approach proposed in the dissertation, practical recommendations have been developed to enhance the efficiency, promptness, and comprehensiveness of restoring the violated rights of victims. For the first time, a set of recommendations has been developed for amending and supplementing judicial system legislation, substantive and procedural law, which are based on the integration of updated principles of judicial protection—urgency, restoration, inclusivity, and international solidarity—with modern international standards. These recommendations aim to ensure timely and fair judicial review of war crimes cases. Additionally, a strategy for restorative justice for victims of war crimes has been developed, presented as a multi-component model with clearly defined stages of implementation. This strategy is oriented toward ensuring judicial protection of victims' rights and is aimed at strengthening national unity in the face of aggression by the russian federation. In Chapter 1, "Theoretical and Legal Foundations of Judicial Protection of the Rights of Victims of War Crimes," the evolution of conceptual approaches was examined, the concept of judicial protection was clarified, and a methodology for its implementation in wartime conditions was developed. A trend toward the strengthening of international law was identified, particularly the integration of the provisions of the Rome Statute of the ICC and the Geneva Conventions into national legislation. It was clarified that judicial protection is a multifaceted legal mechanism that integrates international standards and national institutions to provide comprehensive protection to victims, considering their special legal status. In Chapter 2, "Analysis of the Organizational and Legal Framework for Judicial Protection of the Rights of Victims of War Crimes," a systematic analysis of international legal, foreign, and national approaches to ensuring the rights of victims of war crimes was conducted. It was established that the fundamental principles of international humanitarian law form the foundation for protecting the rights of victims of armed conflicts, but their implementation faces jurisdictional limitations and challenges in accessing justice. International practices, particularly decisions of the International Criminal Court, were analyzed, highlighting their importance as guiding frameworks for developing effective mechanisms for judicial protection. It was revealed that war crimes such as forced pregnancy, rape, and sexual slavery require heightened judicial response, although the issue of impunity for these crimes remains significant. The position of the European Court of Human Rights (ECHR) on the lack of jurisdiction in active combat zones was criticized as inconsistent with the principles of international humanitarian law, posing additional threats to civilian populations. The importance of developing integrated approaches to documenting war crimes, improving the legal framework, and expanding international cooperation to ensure victims' access to justice in the context of modern armed conflicts was underscored. In Chapter 3, "Recommendations for Improving Judicial Protection of the Rights of Victims of War Crimes," updated principles of judicial protection were substantiated, priority areas for developing the organizational and legal foundations of judicial protection were identified, and a multi-component strategy for restorative justice for victims of war crimes was developed. It was proven that the adaptation of judicial protection principles, such as urgency, restoration, inclusivity, and international solidarity, is a key condition for ensuring the effective and fair consideration of war crimes cases. It was established that their consolidation in judicial system legislation, substantive and procedural law would facilitate the integration of modern approaches to restoring victims' rights and the harmonization of national norms with international standards. Practical pathways for improving the judiciary's functioning were proposed, including the enhanced use of digital technologies in evidence collection, expanded specialization of judges in war crimes cases, ensuring the continuity of courts during wartime, and creating funding mechanisms for victims' compensation. A multi-component strategy for restorative justice was outlined, which includes the formation of a normative base, the organization of institutional support, and the implementation of rehabilitation measures. Special emphasis was placed on attracting international resources for victim compensation and creating regional support centers. The strategy was defined as an innovative approach aimed at restoring victims' rights, strengthening national unity, and countering the brutality of aggression during wartime.