Ukraine: The Challenge of Wartime Justice
Ensuring accountability for war crimes committed during the Russian invasion hinges on the ability to ensure fair and independent trials.
Ensuring accountability for war crimes committed during the Russian invasion hinges on the ability to ensure fair and independent trials.
Kyiv is facing a challenge to fulfil its legal and social obligations to those living in areas controlled by Russia.
Processes deemed illegal as combatant immunity bars prosecution for mere participation in hostilities.
Ukraine’s prosecutor general argues that “only working in synergy” will ensure accountability for Russian war crimes.
New legislation remains open to interpretation by law enforcement agencies and judges.
Evidence is mounting that hundreds of thousands of citizens have been forcibly sent to Russia from the east and south of Ukraine.
Despite Russia’s consistent refusal to comply with ECtHR decisions, we cannot afford to abandon this means of accountability.
The immediate priority is for the ICC to indict the person primarily responsible for the war: Vladimir Putin.
Conflicting laws make pursuing such cases more difficult – while criminalising some former fighters may only serve Russian interests.
Processes will effectively legitimise the de facto occupation authorities while discrediting genuine efforts to see justice.