Rough Waters or Smooth Sailing? Taking Stock of War Crimes Judgments by Ukrainian Courts.

This article examines the domestic prosecution and adjudication of war crimes in Ukraine following Russia’s full-scale invasion in February 2022, focusing on the application of Article 438 of the Criminal Code of Ukraine (CCU), which criminalizes war crimes. Drawing on a dataset of 91 judgments delivered between 2022 and early 2025, it analyzes cases involving cruel treatment, pillage, and sexual and gender-based violence, highlighting judicial reasoning, evidence assessment, and sentencing patterns. The study notes challenges such as broad legal provisions, reliance on in absentia trials due to difficulties apprehending suspects, and inconsistent sentencing practices, while emphasizing the evolving engagement of Ukrainian courts with international humanitarian law and the International Criminal Court’s legal framework following Ukraine’s ratification of the Rome Statute. It underscores the importance of upholding fair trial guarantees and warns against political pressures compromising domestic accountability efforts amid ongoing conflict and geopolitical shifts.