Кафедра міжнародного та європейського права
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Browsing Кафедра міжнародного та європейського права by Author "Busol, Kateryna"
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Item European Integration, and Democracy and Human Rights Reforms in Ukraine in the Wartime(2025) Shyrokykh, Karina; Busol, Kateryna; Koval, DmytroIn this chapter, we explore the process of European integration and reforms, both of which gained momentum amidst the war, while also investigating their inter-relationship. We ask: To what extent, how, and why does the EU integration accelerate reforms in Ukraine amidst the war? To address these questions, we examine the progress made in the policy areas of justice, anti-corruption, and gender equality, which have been the focus of long-standing EU-promoted reforms. We address these policy areas as notable achievements have taken place in these domains in the first year and a half of full-scale Russian aggression. Reforms in these policy areas for long have been the least likely to take place as they faced systematic resistance in Ukraine due to different reasons, which we discuss below. We explain how Russia’s full-scale invasion has become a catalyst of important transformations in Ukraine and what the role of European integration has played in the process of reforms.Item Protecting cultural heritage from armed conflicts in Ukraine and beyond : research for CULT Committee(Policy Department for Structural and Cohesion Policies, 2023) Campfens, Evelien; Jakubowski, Andrzej; Hausler, Kristin; Selter, Elke; Busol, Kateryna; Ablyalimova-Chyihoz, Elmira; Koval, Dmytro; Yashnyi, DenysThis study examines how cultural heritage can be better protected from the effects of armed conflicts, in Ukraine and beyond. It includes an analysis of the applicable international law and policy frameworks and the practice of key international actors in Ukraine, as well as in past conflicts. It concludes with a set of specific recommendations to the EU and its Member States to strengthen the protection of cultural heritage from the effects of armed conflicts, now and in the future.Item Reparations for Atrocity Victims in Ukraine: Survivors’ Aspirations and the Emerging Legal Framework(2024) Busol, KaterynaRussia’s aggression against Ukraine, especially its full-scale unfolding since 2022, has highlighted many important issues of international law. Among them is a question as to how reparations—which are at the crux of transitional justice’s survivor-centric ethos—can be effectively provided to atrocity victims amid ongoing hostilities. This article analyses the viability and modalities of individual reparations in the Russia-Ukraine armed conflict in three parts. First, it situates the right to remedy and reparation under international law and Ukraine’s and Russia’s respective obligations. This section argues that, under current international law, urgent interim reparations and certain other transitional justice measures can and, in the context of Ukraine, should be implemented while the armed conflict is still ongoing. Second, the article discusses key developments in Ukraine’s transitional justice and reparations vision during the first phase of the armed conflict in 2014-2021. Special attention is paid to how the timing and modalities of Ukraine’s proposed transitional justice measures—and, in particular, reparations—were impacted by geopolitical constellations at the time. Finally, the article discusses key developments, challenges, and ways forward concerning introducing individual reparations in Ukraine post-full-scale invasion. The piece concludes that to provide effective redress, such reparations should be gender-sensitive, intersectionally consider structural inequalities, and apply equally to persons harmed since the beginning of Russia’s aggression in 2014.Item Russian Aggression and Individual Reparations: Victims' Needs and Ways to Address Them Under International Law(2023) Busol, KaterynaThis article analyzes Ukraine’s progress in ensuring prosecution for breach of laws and customs of war and international crimes committed during russian aggression. A special prism of the research is the dynamics of Ukraine’s success in organizing reparations programs to support the victims. First, detailed key obligations of Ukraine and russia and the requirements of international law to provide effective remedies to victims, in particular, in the context of transitional justice, are disclosed. The gradual expansion of the focus of the Ukrainian authorities and the human rights community on criminal justice to more comprehensive support for different groups of victims is considered. Ukraine needs to urgently develop the whole spectrum of reparation measures without focusing only on compensation. This publication also explains why more reparations should be provided through a simplified administrative procedure rather than a judicial one, why Ukraine should provide urgent interim reparations as soon as possible, and why the voice of victims and a sensitive gender prism are key at all stages of these processes.Item Symposium on Reproductive Violence in International Law: Beyond Sexual – Reproductive and Obstetric Violence in Russia's Aggression against Ukraine [electronic resource](2024) Busol, KaterynaThis post forms part of the Opinio Juris Symposium on Reproductive Violence inInternational Law, in which diverse authors reflect on how the International Criminal Courtand other jurisdictions have responded to violations of reproductive health andreproductive autonomy. The symposium complements a one-day conference to be held on 11 June 2024, in which legal practitioners, scholars, activists, and survivors will meetin The Hague and online to share knowledge and strategies for addressing reproductiveviolence in international criminal law. Interested readers can register to attend theconference online without cost.Item Ukraine's Pursuit of Justice Hinders Peace(Chatham House, 2023) Busol, KaterynaMany believe that for Ukraine to insist on judicial redress is unrealistic and should not be a precondition of a peace settlement. However, quite apart from the moral imperative, the reality is that peace will not hold unless justice – in the form of trials and reparations – is served.Item When the Head of State Makes Rape Jokes, His Troops Rape on the Ground: Conflict-Related Sexual Violence in Russia’s Aggression against Ukraine(2023) Busol, KaterynaIn early February 2022, President Macron flew to Moscow, in yet another attempt to convince Russia to de-escalate its looming all-out offensive on Ukraine. After the lengthy negotiations – that became infamous for the enormously long table, which in itself could give rise to various Freudian interpretations – President Putin and President Macron proceeded to a joint press-conference. One of the issues that unsurprisingly emerged in the discussion were the Minsk Agreements. These controversial arrangements advocated by Russia eroded its role in the conflict in Ukraine’s eastern Donbas region since 20142 and were perceived as "peace settlements" anywhere but in Ukraine. At the press conference, Vladimir Putin once again emphasized that Kyiv must implement the agreements. However, the Russian President voiced the demand in a rather unconventional form – using sexist wording, which alluded to rape: "My beauty, it’s your duty."Item Women are at the Center of Ukraine's Path to Justice and Recovery(2024) Busol, Kateryna; Ní Aoláin, FionnualaSexual violence has captured press headlines and accountability narratives since Russia began its full-scale invasion of Ukraine in February 2022. But the Ukrainian response to such violence – which seeks to provide both criminal accountability and wider support to survivors – has received far less attention. Civil society, especially women’s organizations and survivor groups, is leading the charge amid limited State capacity and the devastation of the ongoing all-out war. Yet the scale of the sexual and other gender-based violence (SGBV) will require a comprehensive victim-centred approach as a non-negotiable part of any eventual peace and Ukraine’s post-conflict recovery.