Bohdan Karnaukh

The Russia-Ukraine war causes tremendous losses to Ukraine and Ukrainian citizens. Under usual circumstances in accordance with the provisions of tort law, losses (both pecuniary and non-pecuniary) can be reimbursed at the expense of the culprit who wrongfully caused those losses to occur. But does tort law work in wartime? The project investigates whether tort law can effectively provide compensation for the damages caused by Russia's aggression. The research focuses on key challenges, such as state immunity, the interplay between civil and criminal proceedings, and the possibility of holding not only the aggressor state but also its accomplices accountable. The project will address up-to-date Ukrainian jurisprudence with a view to identify bottlenecks in the current national tort law that potentially may obstruct the effective access to remedies for the victims of gross human rights violations. It will then explore the cases from foreign jurisdictions where courts hold businesses liable for damages for aiding and abetting war crimes, crimes against humanity and other gross violations of human rights. The aim is to examine how foreign courts tackled with similar problems and employ their experience (where relatable to Ukraine) to further access to civil remedies for the victims of human rights violations in Ukraine.