Democratic accountability in times of war: a comparative study of Lithuania and Ukraine’s approaches to the Ottawa Convention

Abstract

Frontline democracies are presently confronted with a significant problem between the universal moral imperatives of humanitarian law and the urgent, existential demands of national security. This article examines the operation of democratic accountability in high-intensity conflict by analyzing the differing reactions of Lithuania and Ukraine to the Ottawa Convention after the full-scale Russian invasion in February 2022. This research employs a qualitative comparative case study strategy grounded in the most-similar systems concept, integrating the institutional paradigm with E. de Vattel’s classical law of nations doctrine and Ch. Hyde’s principle of good faith about state responsibility. These frameworks offer a comprehensive analytical perspective to assess the significant and intentional constraints imposed on the use of coercive force within a democratic government. The analysis indicates a notable divergence in legal strategic adaptations: Lithuania adhered to a legally conventional approach of formal withdrawal to reintroduce anti-personnel mines for strategic deterrence, whereas Ukraine opted for a necessity-driven temporary suspension of humanitarian law obligations while technically preserving its formal status as a State Party. This comparison illustrates that differing institutional contexts – specifically NATO and EU membership compared to active, full-scale warfare – profoundly alter the principle of good faith and the practical implementation of domestic accountability measures. This article concludes that maintaining rigorous democratic oversight in military decision-making is not only possible but essential even during a state of emergency. It ultimately reinforces the vital necessity of stringent persistent societal scrutiny to prevent the degradation of democratic norms during prolonged crises, ensuring that state survival remains anchored in a steadfast commitment to civilian protection.