The impact of International Criminal Court decisions on the development of national legal systems during armed conflicts

Authors

  • Vladyslav Kundeus Candidate of Legal Sciences, Associate Professor at the Criminal Law, Criminal Law and Criminology Department, Educational and Scientific Institute № 5, Kharkiv National University of Internal Affairs, Kharkiv, Ukraine https://orcid.org/0000-0002-2430-5437
  • Anna Naumova Candidate of Legal Sciences, Associate Professor at the Criminal Law, Criminal Law and Criminology Department, Educational and Scientific Institute № 5, Kharkiv National University of Internal Affairs, Kharkiv, Ukraine https://orcid.org/0000-0002-4273-8068
  • Yuliia Tatarkina Candidate of Legal Sciences, Associate Professor, Department of Criminal Law and Criminology, Kharkiv National University of Internal Affairs, Kharkiv, Ukraine https://orcid.org/0000-0002-5975-7636

DOI:

https://doi.org/10.5281/zenodo.15055964

Keywords:

international humanitarian law, judicial protection, war crimes, justice, human rights, armed conflicts

Abstract

This article explores the impact of International Criminal Court  decisions on the development of national legal systems during armed conflicts. It analyzes the key mechanisms of International Criminal Court jurisdiction implementation, particularly the processes of holding individuals accountable for war crimes, crimes against humanity, and genocide. Special attention is given to the influence of these decisions on national legal frameworks, including their incorporation into domestic legislation and the strengthening of the rule of law in post-conflict societies. The study concludes with an assessment of the effectiveness of international criminal justice in the context of national legal reforms and its role in ensuring global justice. Purpose. The objective of this research is to determine the role and significance of International Criminal Court decisions in shaping and improving national legal systems during armed conflicts, as well as to analyze their impact on ensuring justice, protecting human rights, and combating impunity. Methods. To achieve this objective, a comprehensive set of theoretical and empirical research methods was employed. The comparative legal method was applied across all research tasks, while grouping, classification, and analytical methods were used to examine the legal foundations of the International Criminal Court’s activities and its competence in holding individuals criminally responsible for committing war crimes. Results. The article presents an in-depth examination of international judicial mechanisms aimed at safeguarding the rights of war victims within the scope of international humanitarian law and international criminal justice. It explores the historical evolution of humanitarian law, emphasizing the impact of the Hague and Geneva Conventions, along with modern international legal frameworks that regulate the prosecution of war crimes and the protection of victims' rights. The study highlights major obstacles in enforcing international judicial protection, such as jurisdictional restrictions, political challenges, and deficiencies in integrating international norms into national legal frameworks. It suggests potential improvements to judicial procedures and explores future directions for strengthening victim protection by adapting international humanitarian law to present-day challenges. Conclusions. The decisions of the International Criminal Court influence the development of the legal system of states during armed conflicts in several important areas: harmonization of national legislation with international standards; establishment and strengthening of accountability for war crimes; stimulation of judicial reform; effective protection of the rights of victims; prevention of new war crimes.

Published

2025-03-20

How to Cite

Kundeus, V., Naumova, A., & Tatarkina, Y. (2025). The impact of International Criminal Court decisions on the development of national legal systems during armed conflicts. Ukrainian Political and Legal Discourse, (9). https://doi.org/10.5281/zenodo.15055964