INTERNATIONAL MECHANISMS FOR THE PROTECTION OF HUMAN RIGHTS IN THE CONDITIONS OF WAR IN UKRAINE

Abstract

The article provides a comprehensive analysis of the existing international mechanisms for the protection of human rights in wartime, highlighting the peculiarities of their functioning and the prospects for considering cases against individuals from among the top political and military leadership of the Russian Federation, guilty of unleashing armed aggression against Ukraine and committing other war crimes against the backdrop of this war, as well as the potential capabilities at the international level to hold the aggressor state accountable for violating international human rights obligations due to the armed conflict.
The current state of consideration of Ukraine’s interstate complaints against the Russian Federation in such well-known international institutions as the International Court of Justice and the European Court of Human Rights was analyzed, some of which have already been given final court decisions. The peculiarities of our state’s interaction with the International Criminal Court of the United Nations, in which, within the framework of a pre-trial investigation, the process of recording and collecting materials on numerous war crimes and crimes against humanity committed in wartime on the territory of Ukraine, are separately analyzed. The legal basis for the creation and prospects for the activities of the Special Tribunal for Russia as a body intended to supplement the jurisdiction of the UN International Criminal Court in cases that will not be subject to its consideration is also analyzed.
The special role of the European Court of Human Rights in the system of human rights protection in armed conflict is determined, which, in the process of considering interstate complaints of Ukraine against Russia, analyzed huge amounts of evidence and found Russia responsible for systematic violations of almost the entire spectrum of convention rights, starting with the annexation of Crimea and the occupation of part of the districts of Donetsk and Luhansk regions since 2014. It is necessary to separately emphasize the importance of the newly created International Compensation Mechanism for Ukraine as an element of compulsory provision of reparations for damage caused by the war, since under these circumstances, expectations regarding the voluntary fulfillment of this part of international obligations by the Russian Federation are futile.