Guerra na Ucrânia: análise dos direitos humanos e do direito internacional humanitário

Abstract

The present work deals with violations of Human Rights and International Humanitarian Law related to allegations of international crimes in Ukraine, in the context of the military invasion carried out by Russian troops on February 24, 2022, and the possibility of the universal jurisdiction of the International Criminal Court to investigate and judge such crimes. The research developed was based on the hypothesis that international crimes occurred in Ukraine and that they are within the scope of the jurisdiction of the International Criminal Court. As an objective of the research, the formal sources of International Law were analyzed to face serious humanitarian violations and prevent new international crimes from being committed. To achieve the objective of the monograph, qualitative research was carried out through the analysis of official documents, such as international treaties, and academic works related to International Humanitarian Law and Human Rights, using documentary and bibliographical research techniques. The Approach Method used in the research was Inductive, with the analysis of crime reports and official data relating to offenses committed in Ukraine. Throughout the development, a synthesis of elements of International Humanitarian Law and Human Rights theory is presented, including their origins, characteristics and elements. The International Criminal Court is also presented, the historical evolution that led to its creation, as well as its structure and the limits of its competence, in accordance with the provisions of the Rome Statute. Subsequently, the geopolitical context that precedes the invasion of Russian troops into Ukraine is presented, highlighting the annexation of Crimea in 2014, and the internal and international repercussions of the conflict. Some of the main theories of International Relations and their approaches to conflict are also presented. In the third development chapter, allegations of international crimes committed in Ukraine are brought up, understanding how the ICC obtained jurisdiction to investigate in Ukrainian territory and analyzing the arrest order against Russian President Vladimir Putin, its reasons and repercussions on the international scene. At the end, some considerations are made about the future of the ICC investigation and its capacity to effectively hold Russian authorities accountable.