Challenges in Ukraine's Judicial System for International Crimes
Date: 2023-10-26 Author: Dima Zakharov Categories: COMMUNITY
Deputy Chairman of the High Council of Justice, Mykola Lukyanov, pointed out various issues that need to be addressed on this path. One major concern is the shortage of forensic experts. The situation is most critical in appellate courts. It is imperative to establish specialized judges for handling cases related to international crimes and provide training for all judges in this specialization.
Additionally, Lukyanov emphasized the organizational challenges. There is a pressing need for court facilities that can accommodate these proceedings while ensuring the safety of all participants and providing necessary conditions for storing case materials.
As of today, Ukraine has 595 functioning courts. However, justice is not being administered in 79 of these courts. Additionally, 96 court buildings have been damaged, with 12 completely destroyed. During the war, jurisdiction was changed for 112 courts, but only 10 have been fully restored.
Normative issues also hinder the process. The absence of a unified Criminal Code of Ukraine aligned with the Rome Statute of the International Criminal Court presents a significant challenge. Key articles related to war crimes have not been amended in nine years. There are discrepancies in the definition of crimes between the Criminal Code of Ukraine and the Rome Statute.
Lukyanov noted that in nine years, only 31 verdicts have been issued under Article 438 "Violations of Laws and Customs of War". Out of these, 18 were delivered in absentia, and 9 were expedited proceedings without a thorough examination of evidence. Consequently, only four verdicts were rendered in full court hearings with the participation of the accused and a comprehensive review of the evidence of their guilt.
This event, organized by the USAID program "Justice for All" in collaboration with the Consultative Mission of the European Union in Ukraine, the UN Monitoring Mission in Ukraine, the EU project "RightJustice", the T.M.C. Asser Institute, and Global Rights Compliance, aims to discuss the role of the national judicial system in holding those responsible for war crimes accountable. It also seeks to identify further steps to ensure a fair, impartial, and effective trial of cases related to war crimes in Ukrainian courts.
Additionally, Lukyanov emphasized the organizational challenges. There is a pressing need for court facilities that can accommodate these proceedings while ensuring the safety of all participants and providing necessary conditions for storing case materials.
As of today, Ukraine has 595 functioning courts. However, justice is not being administered in 79 of these courts. Additionally, 96 court buildings have been damaged, with 12 completely destroyed. During the war, jurisdiction was changed for 112 courts, but only 10 have been fully restored.
Normative issues also hinder the process. The absence of a unified Criminal Code of Ukraine aligned with the Rome Statute of the International Criminal Court presents a significant challenge. Key articles related to war crimes have not been amended in nine years. There are discrepancies in the definition of crimes between the Criminal Code of Ukraine and the Rome Statute.
Lukyanov noted that in nine years, only 31 verdicts have been issued under Article 438 "Violations of Laws and Customs of War". Out of these, 18 were delivered in absentia, and 9 were expedited proceedings without a thorough examination of evidence. Consequently, only four verdicts were rendered in full court hearings with the participation of the accused and a comprehensive review of the evidence of their guilt.
This event, organized by the USAID program "Justice for All" in collaboration with the Consultative Mission of the European Union in Ukraine, the UN Monitoring Mission in Ukraine, the EU project "RightJustice", the T.M.C. Asser Institute, and Global Rights Compliance, aims to discuss the role of the national judicial system in holding those responsible for war crimes accountable. It also seeks to identify further steps to ensure a fair, impartial, and effective trial of cases related to war crimes in Ukrainian courts.
