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Ukraine not only proclaims, but also demonstrates through its actions a dedication to European values and preparedness to adhere to the regulations followed by the progressive global society - Supreme Court President

01 november 2023, 10:58

Officially documented facts indicate that the Russian military committed numerous war crimes in Ukraine. The actions of suspects and defendants in the relevant criminal proceedings are assessed not only on the basis of the provisions of the Criminal Code of Ukraine, but also in the light of the provisions of international conventions.

Therefore, the application of international humanitarian law and international criminal law by national courts in criminal proceedings concerning war crimes is very relevant and is one of the main topics of training for Ukrainian judges.

This was stated by Stanislav Kravchenko, President of the Supreme Court, at the seminar "Application of International Humanitarian and Criminal Law in War Crimes Cases", jointly organised by the Supreme Court and the OSCE Office for Democratic Institutions and Human Rights.

The Chief Justice expressed his gratitude to the OSCE for its long-standing co-operation, stable and continuous contribution to the training and professional development of Ukrainian judges, and noted that Ukraine highly appreciated the assistance provided to it during the Russian aggression.

Such events, according to Stanislav Kravchenko, contribute to deepening the expertise of Ukrainian judges in the field of national and international practice of judicial review of war crimes proceedings, which will ensure fair and effective consideration of this category of cases.

The number of criminal cases registered in Ukraine for war crimes is increasing every day, and the judicial system is making every effort to properly record evidence of these crimes within its powers. In addition, according to the President of the Supreme Court, almost 1,500 proceedings of this category have been submitted to the courts for consideration. It can therefore already be said that well-established approaches have been developed to solve the problems that arise in practice, in particular with regard to the qualification of offences and the definition of their corpus delicti.

In addition, the Supreme Court devotes considerable attention to ensuring the uniformity of jurisprudence, including in criminal proceedings relating to war crimes, and its harmonisation with international standards. This is of paramount importance for the Ukrainian courts' decisions to be perceived as fair across the civilized world, as asserted by Stanislav Kravchenko.

Summing up, the President of the Supreme Court noted that the topics proposed for discussion during the seminar took into account the current Ukrainian context in relation to Russian aggression and international experience with war crimes trials. Therefore, the new knowledge gained by the judges during the event will be useful in their practical work and will be implemented in court practice.

During the two days of the seminar, the participants studied a range of topics, including the application of international humanitarian and international criminal law, the key elements of international crimes under the Rome Statute, the Hague and Geneva Conventions, the distinction between war crimes and crimes against humanity, and the problems associated with the admissibility of evidence of war crimes.

In addition, the training focused on procedural issues and problems of ensuring the right to a fair trial in war crimes cases, problems of trials in absentia and the application of international court decisions in national jurisdictions, etc.