Publication Details


Challenges in Establishing a Rule-of-Law State under Martial Law: The Ukrainian Experience and Comparative Perspectives

Constitutional Law Articles

Volume 10 Issue 1 December 2025

Abstract

The purpose of this study is to identify the key challenges arising in establishing a rule-of-law state under martial law. The study involves an analysis of international legal instruments, national regulations, and judicial practices in Ukraine, Israel, Egypt, and the Philippines – countries that have implemented martial law. Particular attention is given to assessing the effectiveness of regulations in safeguarding citizens’ rights and freedoms while upholding democratic principles and the rule of law in the context of armed conflicts and the imposition of martial law. The findings indicate that the introduction of martial law has varied effects on the existing legal system in different countries, as martial governance ensures national security and protects citizens’ lives and health, simultaneously restricting their rights and freedoms. The effective functioning of a rule-of-law state under martial law depends on maintaining a balance between security measures and the protection of lawful rights, while also adapting legal mechanisms to the prevailing circumstances. The comparative analysis of martial law implementation in Ukraine, Israel, Egypt, and the Philippines demonstrates diverse approaches, distinct challenges in legal system development, and varying degrees of effectiveness in enforcing such regimes. The specific features of martial law enforcement influence the development of a democratic system of a country and its legal framework stabilisation.