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Ukraine's Search for Justice in the Shadow of the Donbas Conflict

Strategic Reforms or Crisis Management?

by Igor Lyubashenko (Author)
Monographs 174 Pages
Open Access
Series: Studies in Political Transition, Volume 15

Summary

Should we punish wrongdoers? Should we take care of the ones who suffered from wrongdoings? Although we may believe answers to these questions are obvious, they become less so when similar questions are asked under exceptional circumstances, such as armed conflicts. These answers may decide about the continuation of hostilities or their end. The stakes are high, while we can hardly ignore the need to deal with the consequences of violence generated by a conflict.
This book discusses the dilemmas and challenges associated with the provision of justice in the context of the armed conflict in Ukrainian Donbas in 2014–2019.

Table Of Contents

  • Cover
  • Title
  • Copyright
  • About the author
  • About the book
  • This eBook can be cited
  • Content
  • Preface
  • Acknowledgements
  • Chapter 1. Theoretical introduction: the essence of transitional justice and peculiarities of its application in the conditions of ongoing armed conflict
  • 1.1. Explaining the phenomenon of transitional justice
  • 1.2. Transitional justice and armed conflicts: normative expectations
  • 1.3. Transitional justice and armed conflict: empirical evidence
  • 1.4. Summary and analytical framework for the research of a previously unstudied case
  • Chapter 2. Ukrainian politics and the context for transitional justice addressed at the legacies of the Donbas conflict
  • 2.1. Specificity of the political system
  • 2.2. The specificity of the Donbas conflict: susceptibility to multiple interpretations
  • 2.3. Economic constraints
  • 2.4. Public perception of the Donbas conflict
  • Chapter 3. Truth-seeking
  • 3.1. The significance of truth-seeking for conflict-affected societies
  • 3.2. The establishment and evolution of Ukrainian authorities’ “official truth” about the Donbas conflict
  • Separatism
  • Terrorism
  • Aggression
  • Narratives in the authorities’ public rhetoric
  • 3.3. The consistency of Ukrainian authorities’ “official truth” about the Donbas conflict
  • 3.4. Effects and challenges
  • Chapter 4. Retributive justice
  • 4.1. Retributive justice in conflict-affected societies: specificity and significance
  • 4.2. The evolution of Ukrainian authorities’ approach to punishment for conflict-related crimes
  • Retribution as a tool to deter separatism
  • Retribution as deterrence from the engagement in anti-governmental warfare
  • Retribution becomes an object of negotiations
  • Increasing bids in political negotiations over accountability
  • Reset
  • 4.3. The practice of punishment for conflict-related crimes
  • 4.4. Effects and challenges
  • Chapter 5. Restorative justice
  • 5.1. Restorative justice in conflict-affected societies: specificity and significance
  • 5.2. The evolution of Ukrainian authorities’ approach to restorative justice in the context of the Donbas conflict
  • Setting up foundations of policy toward IDPs and citizens in non-controlled territories
  • Restoration of infrastructure in the uncontrolled territories: bargaining and conditionality
  • Development of controlled territories: attempt to build soft power
  • Relegation of responsibility to Russia
  • 5.3. Effects and challenges
  • Conclusion
  • Bibliography
  • Annex 1. Timeline of events and development of policies discussed in the book.
  • Annex 2. Description of database of court decisions used for the purpose of this book
  • Annex 3. Contents of Minsk-1 and Minsk-2 protocols
  • Index of names
  • Index of subjects
  • Series index

cover

Bibliographic Information published by the Deutsche
Nationalbibliothek

The Deutsche Nationalbibliothek lists this publication in
the Deutsche Nationalbibliografie; detailed bibliographic
data is available in the internet at
http://dnb.d-nb.de.

Library of Congress Cataloging-in-Publication Data
A CIP catalog record for this book has been applied for
at the Library of Congress.

About the author

The Author
Igor Lyubashenko is a political scientist who focuses on the problems of political development and transition, but also on approaches of societies to reconciliation in the contexts of large-scale conflicts and violence. He obtained his doctorate from the Faculty of Political Science, at the Maria Curie-Skłodowska University (2010), and his habilitation from the Institute of Political Studies of the Polish Academy of Sciences (2018).

About the book

Igor Lyubashenko

Ukraine’s Search for Justice in the Shadow
of the Donbas Conflict

Should we punish wrongdoers? Should we take care of the ones who suffered from wrongdoings? Although we may believe answers to these questions are obvious, they become less so when similar questions are asked under exceptional circumstances, such as armed conflicts. These answers may decide about the continuation of hostilities or their end. The stakes are high, while we can hardly ignore the need to deal with the consequences of violence generated by a conflict.

 

This book discusses the dilemmas and challenges associated with the provision of justice in the context of the armed conflict in Ukrainian Donbas in 2014–2019.

This eBook can be cited

This edition of the eBook can be cited. To enable this we have marked the start and end of a page. In cases where a word straddles a page break, the marker is placed inside the word at exactly the same position as in the physical book. This means that occasionally a word might be bifurcated by this marker.

Details

Pages
174
ISBN (PDF)
9783631822890
ISBN (ePUB)
9783631822906
ISBN (MOBI)
9783631822913
ISBN (Hardcover)
9783631812150
Open Access
CC-BY-NC-ND
Language
English
Publication date
2020 (June)
Tags
retributive justice armed conflict transitional justice truth-seeking restorative justice
Published
Berlin, Bern, Bruxelles, New York, Oxford, Warszawa, Wien, 2020. 174 pp., 15 fig. b/w, 9 tables

Biographical notes

Igor Lyubashenko (Author)

Igor Lyubashenko is a political scientist who focuses on the problems of political development and transition, but also on approaches of societies to reconciliation in the contexts of large-scale conflicts and violence. He obtained his doctorate from the Faculty of Political Science, at the Maria Curie-Sk³odowska University (2010), and his habilitation from the Institute of Political Studies of the Polish Academy of Sciences (2018).

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Title: Ukraine's Search for Justice in the Shadow of the Donbas Conflict