INTEGRATION OF INTERNATIONAL HUMANITARIAN LAW INTO THE PRACTICE OF LAW ENFORCEMENT AGENCIES

Abstract

The full-scale armed aggression against Ukraine has significantly increased the relevance of integrating international humanitarian law (IHL) into the national legal and institutional framework, particularly within the activities of law enforcement agencies. These agencies—such as the National Police, the Security Service of Ukraine, the State Bureau of Investigation, and the Prosecutor’s Office—play a vital role in documenting, investigating, and prosecuting war crimes, as well as ensuring cooperation with international justice institutions. Despite Ukraine’s ratification of core IHL treaties and active engagement with international partners, the practical implementation of IHL norms remains fragmented and inconsistent.

This article examines the legal, procedural, and institutional aspects of integrating IHL into the practice of Ukrainian law enforcement bodies. It identifies key challenges, including legal gaps, insufficient training, lack of technical resources, and weak interagency coordination. The article also analyzes the current mechanisms of IHL enforcement, such as the work of mobile investigative teams, cooperation with the International Criminal Court, and participation in joint investigative groups. Based on this analysis, the study offers practical recommendations for strengthening national capacities through legislative reform, interagency coordination, digitalization, and international cooperation.

The article concludes that Ukraine, given its unique experience and current challenges, has the potential to become a leading example of effective national-level implementation of international humanitarian law in the context of modern armed conflict.

References

1.              Henckaerts, J.-M., & Doswald‑Beck, L. (2005). Customary International Humanitarian Law: Volume I – Rules. Cambridge University Press / ICRC.
 https://www.icrc.org/en/doc/assets/files/other/customary-international-humanitarian-law-i-icrc-eng.pdf

2.              International Committee of the Red Cross (ICRC). (2021). Integrating the Law: Toolkit for Law Enforcement Compliance with International Humanitarian Law.
https://www.icrc.org/en

3.              International Criminal Court. (1998). Rome Statute of the International Criminal Court.
 https://www.icc-cpi.int/resource-library/documents/rs-eng.pdf

4.              United Nations Office of the High Commissioner for Human Rights (OHCHR). (2023). Report on the Human Rights Situation in Ukraine.
 https://www.ohchr.org/en/documents/country-reports/report-human-rights-situation-ukraine

5.              Geneva Conventions of 1949 and Additional Protocols (ICRC).
 https://ihl-databases.icrc.org/ihl

6.              Human Rights Watch. (2023). Ukraine: Evidence of War Crimes and Human Rights Violations.
 https://www.hrw.org/world-report/2023/country-chapters/ukraine