ABSTRACT
The cases of human rights violations in temporarily occupied areas of Ukraine are highlighted. The chapter examines the extent to which the fundamental right to judicial protection of rights and freedoms is guaranteed at the national, interstate (universal) and international levels. The research determines the potential at each of these levels to fulfil the need for justice to be achieved. Such a step-by-step study selectively highlights some problematic procedural issues, including the relevance of state sovereignty, individual immunity, trials in absentia, documenting evidence, search and extradition. In the context of human rights law, the human rights of civilians are considered to be paramount; attention is therefore paid to the legal positions of the European Court of Human Rights (ECtHR) related to the war and respective human rights issues. The analysis of regulations, court practice, and expert opinions leads to the following general arguments: the interconnection between investigation procedures, judicial practice, legislation and international standards is crucial. This means both training and acceptance of the material gathered, as clear and convincing evidence to international institutions. In trials and investigations Ukraine should also respect human rights and have the same standards of accountability. Along with war crimes accusations by the International Criminal Court (ICC) and/or a future special tribunal, common regional justice mechanisms (ECtHR), as well as interstate agreements in this sphere, and corresponding domestic legal guarantees are envisaged to be the system to empower accountability and justice.
