Work

Inter Arma, Judicialis: Legal Bricolage and the Agency of Ukrainian Judiciary in Wartime

Year: 2025

Type: article

Abstract: This paper investigates how Ukrainian judges respond to the challenges of wartime adjudication following Russia's invasion. Based on 17 interviews with judges across Ukraine, it explores their adaptive legal strategies amid uncertainty and institutional strain. The study conceptualises judges as legal bricoleurs, who drawing on international human rights norms - such as the Namibia exception and the European Court of Human Rights caselaw - balance civil liberties with national security. It argues that war has served not only as a site of crisis but also of legal creativity, fostering engagement with international law and laying groundwork for Ukraine's post-war transitional justice and alignment with global legal standards.

Source: Social & Legal Studies

DOI: 10.1177/09646639251396506

Authors: Agnieszka Kubal, Hanna Oliinyk

Institution: University of Oxford

Language: English

Topic: War, Law, and Justice

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $3,650