Exploring criminalization and prosecution of wartime collaboration – The case of Ukraine

Abstract

Collaboration with an enemy during an armed conflict is as old as warfare itself. As a sociopolitical phenomenon it is hard to define, capture and deal with. In essence, collaboration entails assisting the enemy, in the sense that civilians or combatants belonging to one party to the conflict assist the opposing side by, for example, providing information, helping in administration of occupied territories or engaging in propaganda. However, boundaries of collaboration as a type of criminal behavior, as well as its distinction from other forms of interaction with the enemy, pose a serious legal issue that is challenging to resolve. Ever since the beginning of the Russian–Ukrainian war in 2014, collaboration with the Russian occupying forces has been a widespread social phenomenon. Ukraine criminalized collaboration only after the full-scale invasion of Russian troops in 2022. By mapping the current legal landscape of such criminalization and its implementation by the criminal justice system, this article analyses the contentious boundaries of this prohibition and questionable practices of its enforcement. Using the case study of Ukraine, it aims to open a discussion on the effectiveness of criminalization and prosecution of collaborators as the means to protect national security during warfare.