Justice on the Home Front: Domestic Prosecution of Foreign Combatants During Wartime

Abstract

Russia\u27s 2022 full-scale invasion of Ukraine produced a shock to the world order. The conflict has led to immense suffering for the Ukrainian people, many of whom have fled their homes or are directly involved in the fighting. In some instances, the use of improper tactics by both sides exacerbates the devastation, even amounting to war crimes. Although the war rages on, justice efforts have already begun. International tribunals and foreign countries’ domestic courts have initiated investigations into alleged violations of international law and prosecutions of the perpetrators. The most significant effort, though, has been within Ukraine’s own courts. These domestic war-crimes trials of Russian combatants are occurring on an unprecedented scale despite the difficulty of ensuring fair trials during wartime. This Note examines Ukrainian war-crimes prosecutions through a human-rights-based lens, concluding that their procedural shortcomings undermine substantive and symbolic benefits. It then offers several recommendations for a better path forward. Determining the appropriate framework for wartime justice in Ukraine is critical because it will likely serve as a model for transnational conflicts to come