Open research questions in War, Law, and Justice
49 gap statements mined from War, Law, and Justice papers in our 4.5M-paper local library, which holds 732 papers on the topic — drawn mostly from each paper's own stated research gap, future-work, challenge and limitation notes, and its abstract. The ones listed below are a selection still marked open; each names the study that raised it, with a DOI link where the paper has one.
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What the literature leaves open
The lack of effective mechanisms for protecting investors' rights in Ukraine under martial law. The insufficient effectiveness of traditional investment insurance mechanisms.
CURRENT ISSUES OF ENSURING THE PROTECTION OF INVESTORS’ RIGHTS UNDER MARTIAL LAW IN UKRAINE · 2026 · DOIThe paper identifies a need for a theoretical and legal analysis of the subject of proof in criminal proceedings concerning war crimes. It highlights the importance of systematizing the existing conceptual approaches within Ukrainian procedural doctrine.
THE SUBJECT OF PROOF IN CRIMINAL PROCEEDINGS CONCERNING WAR CRIMES: THEORETICAL AND LEGAL CHARACTERISATION AND PECULIARITIES OF NORMATIVE REGULATION · 2026 · DOIThe study notes the challenge of limited reporting and protection mechanisms for victims of gender-based violence.
LEGAL REGULATION OF MECHANISMS TO PREVENT DISCRIMINATION AND VIOLENCE IN THE CONTEXT OF ARMED CONFLICT · 2026 · DOIThe article highlights the need for a new state strategy to combat discrimination and domestic violence.
LEGAL REGULATION OF MECHANISMS TO PREVENT DISCRIMINATION AND VIOLENCE IN THE CONTEXT OF ARMED CONFLICT · 2026 · DOIFuture research should focus on addressing predicted risks of the post-war period. The study suggests the need for further analysis of the dialectical nature of interaction between foreign and domestic criminal law policy.
INTERCONNECTION BETWEEN FOREIGN AND DOMESTIC CRIMINAL AND LEGAL POLICY OF UKRAINE IN A SPECIAL PERIOD · 2026 · DOIThe article highlights the need to address predicted risks of the post-war period.
INTERCONNECTION BETWEEN FOREIGN AND DOMESTIC CRIMINAL AND LEGAL POLICY OF UKRAINE IN A SPECIAL PERIOD · 2026 · DOIThe need to distinguish between will and freedom in administrative and legal mechanisms. The challenge of developing effective guarantees for human rights.
The concept of freedom in the administrative and legal mechanism for ensuring human rights in places of detention: doctrinal distinction from the category of will · 2026 · DOIThe lack of a unified approach to the distinction between will and freedom in the context of human rights. The need for a doctrinal analysis of the categories of will and freedom.
The concept of freedom in the administrative and legal mechanism for ensuring human rights in places of detention: doctrinal distinction from the category of will · 2026 · DOIThe study highlights the need for effective legal procedures under martial law.
SPECIFICS OF IMPLEMENTING CERTAIN PRINCIPLES OF CRIMINAL PROCEEDINGS UNDER MARTIAL LAW IN UKRAINE · 2026 · DOIThe study identifies the need to determine the specific features of administrative liability of servicemen. The research gap includes the correlation between administrative and disciplinary liability.
LEGAL CHARACTERISTICS OF ADMINISTRATIVE LIABILITY OF SERVICEMEN OF THE ARMED FORCES OF UKRAINE ON GENERAL GROUNDS · 2026 · DOIThere is a gap in the understanding of the rule of law in the context of law enforcement. The paper aims to fill this gap by analyzing the interpretation of the rule of law in the decisions of the European Court of Human Rights and the Venice Commission.
Components of the principle of the rule of law in the activities of the Security service of Ukraine of protecting national security · 2026 · DOIThe paper identifies a gap in the regulation of domestic violence, with a need for comprehensive legal frameworks. The study highlights the importance of addressing the psychological profiles of aggressors and the need for effective protection orders.
There is a need to understand the concept of Treason in the context of the Republic of Moldova. The paper identifies a gap in the legal classification of the act of Treason.
The 'warrior' archetype may foster emotional suppression, polarized 'friend-enemy' thinking, hyper-control and high reactivity to stimuli. The archetype may manifest as intolerance of ambiguity and reluctance to consider alternative perspectives. The study identifies a gap in the understanding of the 'warrior' archetype and its impact on post-war Ukraine.
Formation of a Persistent Archetype of a ‘Warrior’ Among Combatants: Problems and Prospects for Post-war Ukraine · 2026 · DOIThe study highlights the need for a rigorous legal response to the war crimes committed by Russia in Ukraine.
Zbrodnie Rosji przeciwko ludzkości: problemy śledztwa i odpowiedzialności prawnomiędzynarodowej · 2026 · DOIThe research gap lies in the lack of comprehensive analysis of the legal nature of the procedural construction. The research gap lies in the lack of assessment of the practical effectiveness of the procedural mechanism.
The Procedural Construction of Obtaining Readings from Technical Devices and Technical Means: Systemic Contradictions and Functional Capacity · 2026 · DOIThe paper identifies the need for interpretative adaptation of international humanitarian law. It highlights gaps in addressing new technologies and strategies in hybrid conflicts.
Derecho internacional humanitario en conflictos armados híbridos y nuevas amenazas globales · 2026 · DOIThe paper identifies a gap in understanding how various modern judicial and diplomatic mechanisms can be effectively coordinated for resolving complex disputes. It addresses the need for a more integrated approach that considers both formal and informal methods of dispute resolution.
Solución pacífica de controversias internacionales mediante mecanismos jurisdiccionales y diplomáticos modernos · 2026 · DOIOn the one hand, it lodged two ad hoc declarations, accepting the ICC’s jurisdiction over certain alleged crimes occurring on its territory since late 2013; on the other hand, the desirability of ratifying the Rome Statute of the International Criminal Court remains an open question.
The lack of detailed analysis of the implementation of the Anglo-Russian Military Convention of 1917. The need to challenge the view that the state in Britain has been the protector and guarantor of minority rights.
The Anglo‐Russian military convention and the Lithuanian immigrant community in lanarkshire, Scotland, 1914–20 · 1982 · DOIThe absence of a unified law that brings together accepted opinions of jurists and suits contemporary needs. The lack of stability in family life and the failure to guarantee the rights of individuals.
This is especially important for crimes that undermine the fundamental values of the federal system or compromise the security of the state, both internally and externally, thus preventing the repercussions of such actions, which are not limited to a specific entity but affect the entire federation.
THE CONDITION OF CONFLICT OF INTEREST AND ITS EFFECT ON THE APPLICATION OF IRAQI CRIMINAL LEGISLATION · 2026 · DOIThe paper identifies a gap in the analysis of the impact of martial law on the Ukrainian legal system. The study fills this gap by examining the changes to the Criminal Procedural Code and their effects on the justice system.
SPECIFICS OF IMPLEMENTING CERTAIN PRINCIPLES OF CRIMINAL PROCEEDINGS UNDER MARTIAL LAW IN UKRAINE · 2026 · DOIThe study identifies a gap in the understanding of the mechanisms by which technological and normative change shape social relationships during periods of transition.
This article highlights the specifics of,,crime against foreigners”, categories of crimes committed against foreign citizens themselves, due to their prevalence, relevance, increased public danger, due to their criminological and criminal legal features, as well as due to the understudied nature of this criminal phenomenon.
Specificity of "crimes against foreigners": categories of victimity and protection of human rights during war · 2024 · DOI
Most-cited papers in War, Law, and Justice
- The Structure of Punishment Norms: Applying the Rossi-Berk Model · The Journal of Criminal Law and Criminology (1973-) · 1998 · 61 citations
- Russia and the post-2014 international legal order: revisionism and realpolitik · International Affairs · 2017 · 58 citations
- The Lviv Pogrom of 1941: The Germans, Ukrainian Nationalists, and the Carnival Crowd · Canadian Slavonic Papers · 2011 · 35 citations
- Compromised Power and Negotiated Order in a Ukrainian Prison · The British Journal of Criminology · 2017 · 33 citations
- Universality of Jurisdiction over War Crimes · California Law Review · 1945 · 26 citations
- A Particular Kind of Violence: Swedish Social Policy Puzzles of a Multipurpose Criminal Law · Sexuality Research and Social Policy · 2012 · 24 citations
- Understanding Russia’s Actions in Ukraine as the Crime of Genocide · Journal of International Criminal Justice · 2023 · 22 citations
- The Legal and Illegal Use of Force by Prison Officers in Ukraine · The Prison Journal · 2018 · 21 citations
- Limiting the Killing in War: Military Necessity and the St. Petersburg Assumption · Ethics & International Affairs · 2012 · 21 citations
- Russian-occupied Crimea and the state of exception: repression, persecution, and human rights violations · Eurasian Geography and Economics · 2019 · 21 citations
Most recent work
- Legal regulation of development of piece intelligence in control system of the Armed Forces of Ukraine · Актуальні проблеми політики · 2026
- CURRENT ISSUES OF ENSURING THE PROTECTION OF INVESTORS’ RIGHTS UNDER MARTIAL LAW IN UKRAINE · Law and Society · 2026
- THE SUBJECT OF PROOF IN CRIMINAL PROCEEDINGS CONCERNING WAR CRIMES: THEORETICAL AND LEGAL CHARACTERISATION AND PECULIARITIES OF NORMATIVE REGULATION · Law and Society · 2026
- LEGAL REGULATION OF MECHANISMS TO PREVENT DISCRIMINATION AND VIOLENCE IN THE CONTEXT OF ARMED CONFLICT · Актуальні проблеми права: теорія і практика · 2026
- SANCTION OF A CRIMINAL LAW NORM: LEGAL NATURE AND CHALLENGES OF STATUTORY DEFINITION · Odesa National University Herald. Jurisprudence · 2026
- INTERCONNECTION BETWEEN FOREIGN AND DOMESTIC CRIMINAL AND LEGAL POLICY OF UKRAINE IN A SPECIAL PERIOD · Ukrainian polyceistics theory legislation practice · 2026
- The concept of freedom in the administrative and legal mechanism for ensuring human rights in places of detention: doctrinal distinction from the category of will · Актуальні проблеми держави і права · 2026
- The Institute of Military Criminal Offences in the Context of National Security and Defence: Domestic and International Experience (with reference to the State of Israel and the Republic of Croatia) · Scientific Notes of Lviv University of Business and Law · 2026
- Countermeasures in the law of state responsibility: collective interest and coordinated action by non-injured states in the context of Russia’s aggression against Ukraine · Актуальні проблеми держави і права · 2026
- ARTICLE 201-2 OF THE CRIMINAL CODE OF UKRAINE: ITS LEGAL APPLICATION AFTER THE WAR PERIOD · Scientific Journal of Public and Private Law · 2026
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