A delegation of 25 Ukrainian legal professionals recently travelled to The Hague to participate in training sessions to expand their knowledge and skills in the field of international criminal justice. Judges and prosecutors from district and regional courts, justices of the Supreme Court, officials of the Office of the Prosecutor General, defence lawyers and representatives of civil society organisations were among the delegation's participants.
Dr Mark Ellis, IBA Executive Director, commented: ‘The study visit was critical in strengthening the capacities of Ukrainian colleagues to handle international crimes proceedings at the national level, in Ukraine. It is necessary that justice is not only seen to be done in Ukraine but is actually done and conducted correctly. I applaud the participants’ commitment towards justice and accountability efforts in Ukraine and justice for all.’
The 11–14 June 2024 visit was organised by the International Bar Association (IBA) in partnership with the Ukrainian Bar Association (UBA) as part of a project titled ‘Trial Monitoring in War Crimes Cases’. The UBA’s visit was made possible by a grant agreement with the United States Agency for International Development (USAID) Human Rights in Action Program, implemented by the Ukrainian Helsinki Human Rights Union (UHHRU). The project examines the respect of fair trial rights against international standards, with the aim of outlining best judicial practice and offering recommendations to address any shortfalls.
The IBA’s Human Rights Institute (IBAHRI) Director, Baroness Helena Kennedy LT KC, said: ‘An extraordinary volume of war crimes cases has been brought before the Ukrainian national criminal justice system since the Russian aggression and the start of the full-scale war in Ukraine in 2022. In order to achieve justice and accountability and to make sure that fair trial standards are being followed, monitoring war crime trials is an essential step. Because of this, the IBAHRI has been working in collaboration with the IBA and the UBA on monitoring war crime trials in Ukraine; it is really crucial work.’
UBA Executive Director, Viktoriia Krasnova, said, ‘The visit to The Hague has been an invaluable experience for Ukrainian legal practitioners. Building capacities in international criminal justice is crucial for Ukraine as we navigate the complexities of war crimes and ensure justice for victims. The knowledge and skills gained from this study visit will significantly enhance legal practitioners' ability to handle these cases with the rigor and fairness they demand. We extend our sincere gratitude to the International Bar Association and the IBA’s Human Rights Institute for their unwavering support and dedication to justice and accountability in Ukraine.’
Over the course of the visit, participants visited Hague-based international tribunals and institutions, including the International Criminal Court, the Kosovo Specialist Chambersand Specialist Prosecutor’s Office, the European Union Agency for Criminal Justice Cooperation (Eurojust) and the Register of Damage caused by the Russian aggression against Ukraine. During the visits, participants gained knowledge about the operations of global organisations and had the opportunity to engage with both working-level officials and high-level experts.
During training sessions, the participants explored different aspects of international criminal trials including the investigation, prosecution and adjudication of international crimes; fair trial rights and the rights of the accused, particularly during trials in absentia; the collection of open-source evidence; and the crime of genocide. Part of the study visit took place in association with the T.M.C. Asser Institute, which provided participants with sessions based on their fair trials handbook, and on judgement drafting from a fair trials perspective.
The Director of the IBA International Criminal Court and International Criminal Law Programme, Kate Orlovsky, commented: ‘We are honoured to have welcomed legal professionals from Ukraine, and to support them in their efforts to develop expertise and capacities to investigate, prosecute, and adjudicate international crimes in Ukraine.’
IBA support for Ukraine
The IBA condemned in the strongest terms the Russian invasion of Ukraine on 24 February 2022 and has been active in the country ever since. The IBA works closely with both the UBA and the Ukrainian National Bar Association and has created a dedicated fund to support their humanitarian efforts. The IBA signed memoranda of understanding with the Office of the Prosecutor General of Ukraine and with the Ukrainian Ministry of Defense aimed at ensuring accountability for war crimes and other international crimes. Furthermore, the IBAHRI Director Baroness Kennedy LT KC co-chairs a hybrid task force focused on the return of deported Ukrainian children, and the IBA-founded eyeWitness to Atrocities app is being used to gather potential evidence of crimes committed during the conflict and to draft reports, including, for example, on the destruction of Ukrainian healthcare facilities following the Russian aggression. The IBA also supports the establishment of the Special Tribunal for the Crime of Aggression against Ukraine.