Кафедра міжнародного і європейського права

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Browsing Кафедра міжнародного і європейського права by Author "Koval, Dmytro"

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    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, Denys
    This 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.
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    Understanding Russia's Actions in Ukraine as the Crime of Genocide
    (2023) Azarov, Denys; Koval, Dmytro; Nuridzhanian, Gaiane; Venher, Volodymyr
    The 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 The authors pay particular attention to the language and pseudo-historical references used by Russia’s leaders as a justification for the invasion of Ukraine and argue that these statements and expressions indicate the existence of genocidal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.