Transformational processes in norm-making in international law: the experience of the war of russia against Ukraine

Abstract

Systemic violations of international law by russia and other states highlight the necessity of implementing new legal and political initiatives to integrate global security mechanisms. The purposeof the article is to study the transformational processes in the field of norm-making in international law, which were caused and accelerated by russia’s aggression against Ukraine. Particular attention is paid to identifying promising directions for improving norm-making mechanisms in international law, taking into account Ukraine’s proactive role in forming new legal standards. Methods. The study employs the systemic, structural-functional method and the method of legal forecasting to examine the transformational processes in the field of norm-making in international law based on the experience of the war of russia against Ukraine. Results. It is established that the war of russia against Ukraine became a catalyst for changes in the system of international law-making. In particular, the role of precedent law, resolutions of international organizations, and interstate practices has increased. A trend has been identified toward the revision and updating of the concepts of state immunity, the institutions of universal jurisdiction, and mechanisms for holding accountable for international crimes. The war of russia against Ukraine has accelerated the shift in the model of response to crises in global security from the static application of rules to the adaptive development of international legal standards shaped by urgent humanitarian and security realities. The importance of new initiatives is emphasized, such as the creation of a Special Tribunal on the crime of aggression against Ukraine. Conclusions. The experience of the war against Ukraine has revealed serious gaps in the existing system of international norm-making, which requires comprehensive renewal both in the content and in the procedures of creating international legal norms. At the same time, it has opened up new opportunities for improving the international legal order, particularly through strengthening the role of subjects that previously had limited influence on international law-making. In the future, international law requires an adaptive model of norm-making that is capable of promptly responding to large-scale violations of norms and principles of international law and effectively ensuring accountability for their breach.