Countering and Preventing Domestic Violence in the Context of Armed Conflict: Legislation, Practice, and its Connection with War Crimes

Abstract

The article comprehensively examines the legal, organizational, and social mechanisms for preventing and combating domestic violence in Ukraine in the context of martial law and armed conflict. The analysis covers the current legal framework, including the Law of Ukraine «On Preventing and Combating Domestic Violence», the provisions of the Code of Administrative Offences (Article 173²) and the Criminal Code (Article 126¹), as well as the practice of applying urgent and restrictive injunctions. The study identifies specific features of law enforcement during the full-scale war, when domestic violence is intertwined with the consequences of war crimes, occupation, and mass violations of human rights. The research demonstrates that an effective system for combating violence requires not only strengthening criminal liability but also building a comprehensive interagency model of cooperation among the police, prosecution, social protection, healthcare, and local self-government bodies. The article substantiates that the war significantly affects the dynamics of domestic violence due to post-traumatic disorders, economic instability, and population displacement. It is recommended to improve interagency coordination mechanisms, enhance support for shelters and crisis centers, introduce programs for psychological rehabilitation of military personnel and victims, and expand digital tools for reporting violence. The study also defines the significance of the European Court of Human Rights’ decisions (in particular, Opuz v. Turkey and Levchuk v. Ukraine) in interpreting state obligations in protecting victims. Implementing the Istanbul Convention is a systemic step toward aligning Ukrainian legislation with European standards. The paper formulates proposals for strengthening legal guarantees for victims, improving the effectiveness of criminal investigations, and developing post-war rehabilitation and social reintegration programs for individuals who have suffered from domestic violence or witnessed war crimes. Overall, the research demonstrates that combating domestic violence is an integral part of national security and the human rights protection system in times of war and post-war recovery.