One of the Mandatory Features of a War Crime Is Its Commission During an Armed Conflict - Nadiia Stefaniv, Judge of the Criminal Cassation Court within the Supreme Court

A war crime is a serious violation of a certain customary or conventional rule of international humanitarian law. During the period of full-scale Russian invasion, in particular, 20 thousand such crimes as violation of the laws and customs of war (Article 438 of the Criminal Code of Ukraine) have been registered and are being investigated. In order to consider criminal proceedings on war crimes that have already been submitted and will be submitted to the courts, judges must have the appropriate material and psychological resources.

This was stated by the judge of the Criminal Cassation Court within the Supreme Court, Nadiia Stefaniv, during the webinar.

The speaker stated that, despite the fact that martial law had been introduced in Ukraine, the courts continued to administer justice, ensuring the right to a fair trial.

At the same time, in connection with Russian armed aggression, the courts will have to consider criminal proceedings that they have not dealt with before. We are talking, in particular, about war crimes, the number of which is growing almost every day.

“I am convinced that Ukrainian judges will cope with the consideration of criminal proceedings on war crimes. To do so, they must have certain material and psychological resources. Particular attention should therefore be paid to the training of judges in the application of international humanitarian law and international criminal law. In addition, when considering criminal proceedings on war crimes, as well as when considering any other categories of cases, judges should leave all their emotions at home, in their offices, and in the courtroom they should be guided by the basic principles of criminal proceedings, in particular the rule of law, legality, equality before the law and the courts, respect for human dignity, as well as moral and ethical principles,” said Nadiia Stefaniv.

The speaker talked about war crimes, drawing attention to the fact that they were characterized by the following mandatory features: the event that led to the offence occurred in connection with or in the context of an armed conflict; the perpetrator was aware of the factual circumstances that determined the existence of an armed conflict.