Кафедра міжнародного та європейського права
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Browsing Кафедра міжнародного та європейського права by Author "Koval, Dmytro"
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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 Genocide committed by the Russian Federation in Ukraine: legal reasoning and historical context : [authors’ original version (preprint)](2022) Azarov, Denys; Koval, Dmytro; Nuridzhanian, Gaiane; Venher, VolodymyrA new wave of Russia’s aggression against Ukraine that began on 24 February 2022, and the intensification of the armed conflict accompanied by grave breaches of international humanitarian law, received significant scholarly attention during recent months. Most of the academic interventions examined the developments in Ukraine in the framework of jus ad bellum and jus in bello. Some, however, applied a genocide lens to make sense of reported numerous and widespread violations of international humanitarian and human rights law. This article contributes to the latter stream of scholarship by contextualizing the arguments for the existence of genocidal intent behind the seemingly unrelated crimes committed by the armed forces of the Russian Federation all over Ukraine. The authors pay particular attention to the language and pseudo-historical references used by Russia’s leaders as a justification of the invasion of Ukraine, and explain that these statements and expressions indicate the existence of genocidal intent. The article also reflects on the issue of the systematic destruction of the cultural heritage of Ukraine as another evidence of intent to destroy the Ukrainian nation in whole or in part. Finally, the authors turn to the analysis of the genocidal acts such as forcible transfer and russification of Ukrainian children, deliberate inflicting conditions of life aimed at the physical destruction of the Ukrainian nation, killings and causing serious bodily or mental harm. It is stressed that there is reasonable ground to believe that the destruction of the Ukrainian nation by Russia has been pursued through commission of these prohibited acts. Indeed, their nature and large-scale character serve as another evidence of genocidal intent to destroy the Ukrainian nation.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 Understanding Russia's Actions in Ukraine as the Crime of Genocide(2023) Azarov, Denys; Koval, Dmytro; Nuridzhanian, Gaiane; Venher, VolodymyrThe new wave of Russia’s aggression against Ukraine that began on 24 February 2022, and the intensification of the armed conflict accompanied by grave breaches of international humanitarian law, has received significant scholarly attention. Many academic interventions have examined the developments in Ukraine through the frameworks of jus ad bellum and jus in bello. Some, however, have applied a genocide lens to make sense of reported numerous and widespread violations of international humanitarian and human rights law. This article contributes to the latter stream of scholarship by contextualizing the arguments for the existence of genocidal intent behind the seemingly unrelated crimes committed by the armed forces of the Russian Federation all over Ukraine. The authors pay particular attention to the language and pseudo-historical references used by Russia’s leaders as a justification for the invasion of Ukraine and argue that these statements and expressions indicate the existence of genocidal intent. This article also reflects on the issue of the systematic destruction of cultural heritage of Ukraine as further evidence of the intent to destroy the Ukrainian nation understood as a protected national group under the Genocide Convention, at least in part. Finally, the authors analyse the genocidal acts that have apparently been committed, including killings; the causing of serious bodily or mental harm; the forcible transfer of Ukrainian children to Russia, and the deliberate infliction of conditions of life aimed at the physical destruction of the Ukrainian nation. It is stressed that there are reasonable grounds to believe that the destruction of the Ukrainian nation by Russia has been pursued through commission of these prohibited acts. Their nature and large-scale character serve as further evidence of genocidal intent to destroy the Ukrainian nation.