International level
Compared to the previous period of the armed conflict from 2014 to 2022 from the onset of the full-scale invasion, the international community has shown an exceptional level of attention to pursuing international justice in the context of the Ukrainian situation:
- 43 States Parties to the Rome Statute referred the situation in Ukraine for the investigation by the International Criminal Court. Consequently, the Office of the Prosecutor of the ICC has been conducting proceedings concerning the situation in Ukraine since March 2022. Arrest warrants have already been issued for the Russian President and the Children's Ombudsperson[23], later followed by the two arrest warrants against Russian military commanders[24].
- Due to a large number of people displaced by Russia’s war against Ukraine and now residing in the countries of Europe, America, and Asia, reportedly 26 states[25] have initiated legal proceedings under the principle of universal jurisdiction mechanism. Notably, the United States of America also amended its national legislation to make it easier pursue individual criminal responsibility of those allegedly responsible for grave crimes committed in Ukraine[26].
- Eurojust has established a Joint Investigative Team (JIT), which included Lithuania, Poland, Ukraine, Estonia, Latvia, Slovakia, and Romania. The ICC also joined the JIT.[27]
- The United States of America, the European Union, and the United Kingdom have allocated funding and created the Atrocity Crimes Advisory Group to assist the OPG.[28]
- Many countries, such as France and the Netherlands, have sent and continue to send national investigators and forensic experts to support their Ukrainian counterparts, organise trainings, and provide equipment for expert investigations and procedural actions.[29]
- New platforms, such as the Dialogue Group, are being established and existing ones are being used to address the issue of bringing perpetrators to justice, albeit primarily focusing on the senior leadership of the Russian Federation[30], etc.
- The International Center for Prosecution of Crime of Aggression against Ukraine (ICPA) was opened in the Hague, the Netherlands, tasked with supporting the preparation of criminal cases of Russian military aggression against Ukraine by securing crucial evidence and facilitating case-building processes at an early stage.[31]
- The Independent International Commission of Inquiry on Ukraine was established by the Human Rights Council on 4 March 2022 according to resolution 49/1 to investigate all alleged violations and abuses of human rights, violations of international humanitarian law and related crimes in the context of the aggression against Ukraine by the Russian Federation.[32]
- The Council of Europe created a Register of Damages for Ukraine as a first step towards an international compensation mechanism for the victims of Russian Aggression[33]. On 2 April 2024 it was officially opened for submission of applications[34].
Due to a large number of diverse initiatives, challenges exist in effectively coordinating the diverse number of international justice actors in a comprehensive and strategic manner, avoiding the duplication of efforts, overcoming divergences in different legal frameworks of each actor and establishing common standards (such as the standards used for evidence collection, for example).
In relation to the donation to Ukraine of trainings and other investigative and prosecutorial capacity, the failure to account for the unique aspects of the national context including the existing judicial architecture and, in particular, existing Ukrainian legislation relevant to investigating and prosecuting crimes under international law, brings two significant challenges. On the one hand, they detract from the working hours and staff, which in turn complicates on-ground efforts amid the already challenging circumstances of the ongoing armed conflict. On the other hand, international partners' advice and trainings have little to no practical effect due to the existing procedural legislative challenges related to their “legal status”, which they do not have under the current domestic legislation. This means that they are not allowed access to case files and their formal advice cannot be officially referred to in case file documents. In order to rectify the situation, such efforts need to be better streamlined, aligned with international standards, effectively coordinated and overseen.
