Theoretical assessment of the Special Tribunal on the Crime of Aggression against Ukraine: Theories of justice and prospects for reparations for the victims of the Russian invasion of Ukraine

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To cite this article: Bondarenko, A. (2026) . Theoretical assessment of the Special Tribunal on the Crime of Aggression against Ukraine: Theories of justice and prospects for
reparations for the victims of the Russian invasion of Ukraine. Internet Journal of Restorative Justice 14(1), 10-27, ISBN (ONLINE): 978-1-80463-080-8

Author(s): Alina Bondarenko

Description

Abstract

Aim: The purpose of the study is to assess the potential effectiveness of the Special Tribunal on the Crime of Aggression against Ukraine in light of contemporary concepts of justice.
Methodology: The study based on analysis of national legislation of Ukraine. A systematic examination of regulations established that the existing mechanisms of international criminal justice are not capable of fully addressing the crime of aggression. The application of an integrated approach that combines formal legal assessment, comparison of international precedents, and dogmatic analysis demonstrated that the establishment of a Special Tribunal may serve as an innovative instrument of accountability.
Findings: Such a tribunal is capable of integrating the strengths of existing models, namely a clear mandate on the crime of aggression, a victim-centred orientation, and international legitimacy, while overcoming their structural and procedural limitations. The study also noted a high degree of convergence between the expectations of Ukrainian society concerning justice and reparations and the principles of academic models of transitional justice, which emphasises the relevance of a comprehensive approach to the restoration of victims’ rights and the development of an effective system of international criminal response.

Keywords: international criminal law, justice, reparations, compensation, victims of war, international accountability.

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