This report is intended to showcase the current state of affairs in military justice, providing our insights and recommendations for improvement. As we enter the 9th year of conflict, it is imperative that we establish a robust system of military judicial bodies capable of effectively investigating military criminal offences while maintaining a balance between state interests and human rights. We are convinced that disregard for the basic rights of military personnel as human beings and the classic game of numbers played by the military justice system can, in the long run, do the enemy a favour and significantly reduce the attractiveness of military service.
While studying the Ukrainian military justice system, our experts came to the following conclusions:
- At the 9th year of conflict, we still lack a comprehensive system of military justice and legislation capable of maintaining discipline within the armed forces and effectively preventing violations of military personnel's rights.
- Human rights practices in the military sphere indicate that military personnel are among the most vulnerable populations, particularly in active combat zones.
- Criminal legislation regarding offences against the military service order lacks clarity, while sanctions for such violations are clearly defined and substantial.
Military personnel should enjoy the full spectrum of rights guaranteed to civilians during peacetime processes, in accordance with international human rights standards and the Constitution of Ukraine. This necessitates the establishment of additional avenues and mechanisms for lodging complaints by military personnel against actions of superiors and the proper review of such complaints.