Resilient Justice: Ukraine’s Judicial Reform Amid War on the Path to EU Accession
This article analyzes Ukraine’s ongoing judicial reform in the context of Russia’s War of aggression and Ukraine’s pursuit of European Union (EU) membership. Since the 2014 Revolution of Dignity, the judiciary has become a central pillar of Ukraine’s democratic transformation, facing entrenched corruption, post-Soviet legacies, and fluctuating political will. The 2022 Russian invasion accelerated reform efforts, reinforcing the judiciary’s dual role in maintaining domestic justice and prosecuting war crimes. This article highlights the resilience of legal institutions and professionals working under extreme conditions. It examines how EU accession requirements, particularly the Copenhagen Criteria, have shaped Ukraine’s legal agenda and how digital innovation, civil society engagement, and international partnerships have bolstered reform. Despite war-related disruptions, Ukraine’s judiciary has demonstrated remarkable adaptability and progress. The article concludes that sustainable judicial reform is not merely technical, it is a human-driven process essential to Ukraine’s democratic future and its integration into the European legal and political community.
Professor Tetyana Antsupova is a distinguished former Supreme Court judge and legal academic specializing in judicial independence and European human rights law. Her extensive experience in Ukraine’s judicial reform efforts, particularly amid the challenges posed by ongoing conflict and the country’s EU accession ambitions, provides invaluable insight into the resilience and transformation of judicial institutions in times of crisis. In 2022, Professor Tetyana Antsupova was on a shortlist of candidates to be a judge on the European Court of Human Rights in respect to Ukraine. This chapter draws on Professor Antsupova’s expertise to illuminate the complexities and hopes of Ukraine’s judicial reform journey, emphasizing the critical role of the judiciary in sustaining democracy and the rule of law.
Dr. Paul R. Williams holds the Rebecca I. Grazier Professorship in Law and International Relations at American University where he teaches in the School of International Service and at the Washington College of Law. Dr. Williams is also the Co-Founder of the Public International Law & Policy Group (“PILPG”). He received his J.D. from Stanford Law School and his Ph.D. from the University of Cambridge.
Anjali Narayanan (J.D.M.A.) is a Senior Research Associate at the Public International Law & Policy Group (“PILPG”).