Supreme Court judges familiarised with international experience in hearing war crimes cases

Within the framework of the project "Monitoring of War Crimes Trials", a Ukrainian delegation consisting of judges, prosecutors and lawyers visited The Hague for a study visit. Among the participants were Judge of the Grand Chamber of the Supreme Court Olha Buleiko and Judge of the SC Criminal Cassation Court Serhii Fomin.

During the visit to the International Criminal Court (ICC), the guests had the opportunity to attend a court hearing and meet with representatives of the prosecutor's office - Head of Unified Team at Office of the Prosecutor for Ukraine Alexis Demirdjian and International Cooperation Advisor Christian Hoedl. The participants discussed the structure and powers of the ICC Office of the Prosecutor and the specifics of its work. They also exchanged views with representatives of the Victims and Witnesses Unit, which actively cooperates with the Office of the Prosecutor General and trains Ukrainian lawyers to properly interact with vulnerable groups of victims. In particular, psychologist An Michels and legal officer Isabel Oseredchuk informed the delegation about the methods of working with victims and witnesses during interrogation used in the department.

The presentation by Marie-Hélène Proulx, President of the ICC Bar Association, on the procedure for selecting defence counsel for the ICC aroused great interest. She expressed her hope for further cooperation with Ukrainian colleagues.

The delegation also talked to the team of the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine (RD4U). During the meeting, RD4U legal advisor Iryna Kirieieva, and Yuliia Kyrpa, member of the RD4U's Board, explained the procedures for keeping records of losses in Ukraine.

An interactive panel discussion on "Practical issues of war crimes proceedings in Ukraine" was held during the visit to the Asser Institute. Ukrainian lawyers exchanged views on the challenges of prosecuting war crimes in Ukraine with Carolyn Edgerton, an independent consultant and former prosecutor at the International Criminal Tribunal for the former Yugoslavia. She emphasized the importance of adhering to international justice standards in war crimes cases and explained the difficulties that national judicial systems often face in their consideration.

They also touched upon the important topic of using digital technologies to obtain evidence and its further use in court. Hannah Bagdasar, an OSINT expert at the ICC, provided more details. She spoke about the peculiarities of conducting intelligence based on open sources in war crimes proceedings.

Sarah Bafadhel, 9 Bedford Row lawyer, delivered a lecture on the issues of proceedings in absentia. The lawyer analyzed the specifics of the in absentia proceedings and provided practical recommendations to Ukrainian colleagues. At the end of her speech, the speaker emphasized the importance of respecting human rights under any circumstances, including in the context of military conflicts.

Marie O'Leary, Acting Principal Counsel of the ICC Office of Public Counsel for the Defence, presented a report entitled "Issues for the defence in war crimes proceedings in Ukraine". She familiarized the delegation with the cases, reviewed some of them and emphasized that ensuring a fair trial is the main task of the judiciary.

The program of the study visit also included a training for lawyers on the fairness of trials related to conflicts in Ukraine. It was conducted by Asser Institute staff members Victoria Kerr and Gabrielė Chlevickaitė. Participants were divided into groups and had to consider cases and make the decision they thought was right. This interaction helped to improve communication between lawyers and allowed representatives of different legal professions to share their experience.

After the practical part of the meeting, the participants attended a lecture by KLS criminal defence attorney Annelot Jumelet, who shared her experience in handling international crimes cases. In particular, she provided practical advice that can be applied by lawyers to ensure the impartiality and objectivity of trials in accordance with international law.

Attorneys from the Asser Institute Valérie Gabard and Asa Solway spoke about the specifics of preparing for a court hearing. The lawyers emphasized the importance of maintaining clarity and reasonableness in court decisions and the need to structure arguments and evidence.

The complex issues of legal understanding of the crime of genocide were addressed in her speech by Dr. Evelina Ochab, Program Lawyer at the International Bar Association Human Rights Institute (IBAHRI). She presented an analysis of historical and contemporary examples of genocide and the legal consequences for committing them. The speaker emphasized the importance of professional training of lawyers to bring perpetrators to justice.   

Simon Meisenberg, Chef de Cabinet and Senior Legal Officer, provided more details on the powers, jurisdiction and cases handled by the Kosovo Specialist Chambers. Specialist Prosecutor Kimberly West complemented the presentation by explaining the specifics of the Specialist Prosecutor's Office.

Jonas Nilsson, Deputy Registrar at the Kosovo Specialist Chambers, focused on the functions of the court, namely legal aid, witness protection and case management, during the meeting with Ukrainian lawyers.

The guests were also given a tour of the courtroom of the Special Tribunal.

In addition, the delegation met with the Head of the Genocide Researchers Network Secretariat, Matevz Pezdirc, the Prosecutor for Ukraine at Eurojust, Myroslava Krasnoborova, and the Special Prosecutor for the Crime of Aggression, Jessica H. Kim.

The study visit was organised by the Ukrainian Bar Association in partnership with the International Bar Association (IBA) and the International Bar Association Human Rights Institute (IBAHRI), as well as in cooperation with the Asser Institute.