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Acts Committed by Russian Citizens in Ukraine after 24 February 2022 that May Constitute the Crime of Genocide

100%
Kozak-Balaniuk I.
Review of European and Comparative Law
|
2023
|
issue Special Issue
101-118
EN
Russian military aggression against Ukraine is the most flagrant violation of Article 2(4) of the United Nations Charter in recent years. Crimes committed by the Russian armed forces on the territory of Ukraine constitute the most serious crimes of international concern, as confirmed by the ICC’s arrest warrant for Vladimir Putin and Maria Lvova-Belova in regard of particular acts identified by the ICC as war crimes. The crime of genocide requires a special means rea element to be met – an intent to destroy a protected group in whole or in part. The aim of this article is to analyze definition of genocide along with its elements established in the document “Elements of Crime” in the context of two forms of genocide that were committed by Russian armed forces – killing Ukrainians and forcible transfer of children of the group.
2
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International Protection for Ukrainian Citizens in the Time of Russian Military Aggression

100%
Kozak-Balaniuk I.
Teka Komisji Prawniczej
|
2024
|
vol. 17
|
issue 2
259-271
EN
The Russian full-scale military aggression against Ukraine not only constitutes a crime of aggression under the ICC Rome Statute, but also leads to Russian troops committing other international crimes on the Ukrainian territory. Due to the Russian military aggression millions of Ukrainian citizens escaped to neighbouring countries, where they are entitled to apply for temporary protection, introduced due to the massive influx of third-country nationals into the EU, or for international protection due to the ongoing international armed conflict on the Ukrainian territory. The purpose of the article is to analyse the legal situation of Ukrainian citizens who applied for international protection in Poland before and after 24 February 2022, and to examine the reasons for which they are currently granted subsidiary protection.
3
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Temporary Protection for Third-Country Nationals who Arrive to Poland from Territory of Ukraine as a Result of Russian Military Aggression

63%
Kozak-Balaniuk I., Staszewski W. S.
Teka Komisji Prawniczej
|
2023
|
vol. 16
|
issue 2
181-197
EN
The onset of the new phase of Russian aggression against Ukraine, that started on 24 February 2022, has resulted in massive influx of third-country nationals to EU member states, with Poland seeing the greatest impact. This unprecedented wave of migration triggered the first-ever use of the EU’s temporary protection mechanism in recent history. Although the decision of the Council of the European Union has established categories of third-country nationals who qualified for temporary protection, the practice of Polish migration authorities demonstrate that there are still individuals who have fled from Ukrainian territory and require legal protection, yet are not qualified for temporary protection. These groups of third-country nationals must pursue other forms of protection, typically without success in obtaining it.
4
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New Challenges for Crossing the Schengen Border – Right to Asylum During Polish-Belarus Border Crisis

63%
Kozak-Balaniuk I., Staszewski W. S.
Teka Komisji Prawniczej
|
2025
|
vol. 18
|
issue 1
163-174
EN
Artificially created wave of irregular migrants at the Polish-Belarus is considered as one of the greatest challenges for EU member states, in this case Poland, in terms of border management (as part of Integrated Border Management), national and EU security and finally fundamental human rights and safety of migrants that are attempting to cross the border in a illegal manner. The article analyzes the legal issues that have appeared during the practice of returning irregular migrants, who declare the intent to apply for international protection in Poland (practice of so-called pushbacks).
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