UpRights’ Co-Director Asa Solway had the opportunity to teach a course on self-determination in international law at the University of California, Berkeley School of Law.

“Self-Determination of Peoples in International Law” aims to familiarise students with the legal foundations of self-determination in international law, considering its relevance in the United Nations Charter, the jurisprudence of the International Court of Justice, decolonization and modern dynamics of both national and international self-determination movements.

Throughout the course, students engaged in discussions and debates on a range of pertinent issues, including decolonization, secession minority rights, state sovereignty, and claims to natural resources.

The course provides a platform for students to explore contemporary approaches to the concept of the right to self-determination in light of modern advocacy movements, as well as ongoing debates surrounding the applicability, scope, and original intent of this right as envisioned in the drafting of the United Nations Charter.

In 2023, UpRights and The Hague Academy for Local Governance developed a Training of Trainers on transitional justice, as well as an interactive online training, for Ukrainian civil servants. In recognition of the International Day of Peace on September 21st, UpRights’ co-director, Asa Solway, discussed with the Hague Academy the importance of transitional justice processes in Ukraine including in light of the full-scale Russian invasion of Ukraine.

Asa observed that the training is intended to serve as a toolkit designed to help societies confront the aftermath of large-scale past conflicts, repressions, violations, or abuses. In this regard, transitional justice is composed of different processes designed to address challenges that arise during and following conflict and periods of serious human rights abuses to ensure justice and accountability, strengthen the rule of law and promote reconciliation through a victim-centered approach.

Asa observed that the situation in Ukraine faces a plurality of conflict-related challenges that, viewed through these lenses, can be addressed through transitional justice processes including by giving voice to those most affected. He further noted that although peace requires long-term commitment, communities will have the best chance to begin to rebuild while focusing on those most vulnerable if an organised approach is taken that rooted in the rule of law.

Read the full interview here and read the Benchbook on the Adjudication of International Crimes

On July 18, 2023, UpRights Senior Legal Advisor David Kinnecome alongside Ukrainian judges led the fifth and final workshop focused on procedure in international crimes cases in Ukraine. The workshop is the final in a series of events organized by the USAID Justice for All Activity following the publication of the Benchbook on the Adjudication of International Crimes, which was developed by the USAID Justice for All Activity in partnership with the National School of Judges, Global Rights Compliance, and UpRights.

David and Ukrainian judges presented attendees with national and international perspectives on issues relating to trials in absentia, the assessment and admissibility of digital evidence, and the risks of re-victimization, which are relevant to adjudicating international crimes. In particular, the event highlighted how international practice and procedures can offer guidance and in certain instances persuasive authority when considering procedural issues under the Ukraine Criminal Procedure Code.

The event closed a series of thematic workshops organized following the publication of the Benchbook on 22 June 2023 to provide judges and other stakeholders with the opportunity to discuss substantial and procedural aspects of international crimes adjudication provided by the Benchbook.

On July 10, 2023, UpRights led the second workshop in the series of events organised by the USAID Justice for All Activity following the publication of the Benchbook on the Adjudication of International Crimes, developed by the USAID Justice for All Activity in partnership with the National School of Judges, Global Rights Compliance, and UpRights.

By focusing on the topic of war crimes, the workshop aimed to provide Ukrainian judges , prosecutors and other relevant stakeholders with the information necessary to adjudicate particular war crimes by presenting a list of the war crimes applicable under Article 438 of the CCU as well as their definition under international law.

The event is part of a series of five thematic workshops organized following the publication of the Benchbook on 22 June to provide judges and stakeholders with the context to discuss substantial and procedural aspects of the process of adjudication of international crimes outlined in the Benchbook.

On July 12, 2023, UpRights Co-Director Valérie Gabard led the 11h lecture of the Summer School on International Criminal Justice organised by the University of Amsterdam. The Summer School examines the juridical and empirical sides of mass atrocities, striving to give its attendees a better understanding of the nature of international crimes, of their perpetrators and of the role of the international community in pursuing international justice.

UpRights provided students with a lecture on the role of civil society to fill the accountability gap for international crimes. Notably, while international tribunals played an undeniable role in holding perpetrators accountable, international actors like civil society and victim representatives have progressively attempted to mend the limitations of the current international legal order.

To illustrate the creative ways in which civil society organizations at the national and international level are trying to assist to fill this accountability gap, Valérie Gabard discussed the important role of civil society organizations in documenting international crimes and preserving evidence, highlighting in particular the best practices to ensure the efficacy of the documentation and the importance of employing creative legal thinking to assist victims in their quest for justice.

On July 5, 2023, UpRights conducted a workshop for judges and prosecutors from French-speaking African countries in the context of the high-level training programme on international criminal law and transnational criminal law organised by the T.M.C. Asser Instituut, the Antonio Cassese Initiative, and the International Nuremberg Principles Academy.

The workshop aimed at strengthening domestic legal capacity to prosecute international and transnational crimes. UpRights’ Co-Director Valérie Gabard delivered an interactive presentation on investigating conflict-related sexual violence, allowing participants to engage in active discussions concerning its scope and implications in the context of warcrimes and crimes against humanity. The exercise centered on prosecuting international crimes in the context of the fight against terrorism, with a particular emphasis on sexual and gender-based violence.

The course was developed to equip judges and prosecutors with practical skills, tools, and knowledge necessary to address international and transnational crimes effectively. Essential topics covered included the elements of these crimes, modes of liability, strategic planning for investigations, and ensuring the protection of victims and witnesses. By establishing a robust regional and international network, this training program seeks to enhance cooperation among national and international judiciaries and facilitate effective collaboration with the International Criminal Court (ICC) and other judicial bodies.

On July 6th, 2023, the USAID Justice for All Activity started a series of a workshops on the applicability of international law instruments concerning war crimes under article 438 of the CCU with engagement of UpRights. It follows the recent launch of the Benchbook on the Adjudication of International Crimes under Ukrainian Domestic Law developed by the USAID Justice for All Activity in partnership with the National School of Judges and Global Rights Compliance, and with participation of UpRights initiative.

The workshop aims to facilitate discussions between Ukrainian judges, prosecutors and other relevant stakeholders in interpreting the scope and content of Article 438 of the CCU, considering the nature and content of international humanitarian law and international criminal law, in particular the ICC framework.

The event is the first in a series of five thematic workshops to follow the publication of the Benchbook on 22 June. The workshops provide the opportunity for judges and other stakeholders to consider substantial and procedural aspects of international crimes adjudication provided by the Benchbook.

On June 22nd, UpRights took part in the presentation of the Benchbook on the Adjudication of International Crimes under Ukrainian Domestic Law. Building upon a judicial need assessment promoted by the USAID Justice for All Activity in July 2022, the Benchbook was developed in close cooperation with the Ukrainian Supreme Court and the National School of Judges of Ukraine by Ukrainian judges, UpRights and Global Rights Compliance supported by MATRA-Ukraine Project.

Since the start of the war on February 24, 2022, Ukrainian courts have received 124 war crimes cases rendering 33 judgments with 91 cases currently pending. Having acknowledged the necessity for the Ukrainian judicial system to prosecute and judge an increasing amount of war crimes, the Benchbook was created to provide judges with a structured framework to adjudicate international crimes in accordance with international and domestic norms and procedures.

By compiling relevant international legal sources, including international treaties, judicial decisions, and academic commentaries, and evaluating their applicability at the domestic level in the context of international crimes, the publication aims to assist judges in the interpretation and application of the relevant domestic offences. The Benchbook is designed to help promote accountability for international crimes by providing critical support to judicial processes at the national level, strengthening the legal framework and increasing the capacity of courts to draft high-quality and well-reasoned judgments in international crimes cases.

UpRights contribution to the drafting of this important document is intended to help address the growing number of criminal proceedings being registered, classified and adjudicated in the Ukrainian context in order to support the important work of the National School of Judges in pursuing the administration of justice for international crimes.

UpRights is pleased to announce it has developed an online transitional justice course for civil servants and local administrators in Ukraine in coordination with the National Agency of Ukraine for Civil Service and the Hague Academy for Local Governance. The course introduces the fundamentals of transitional justice and its role in helping society cope with the past, ensure accountability, serve justice and promote reconciliation.

Through four distinct modules, participants gain practical knowledge concerning four primary objectives of transitional justice: accountability, reparations, strengthening the rule of law and fostering trust and promoting truth seeking and reconciliation. Specific transitional justice mechanisms which help to realise these objectives are covered in detail while concrete challenges affecting conflict-affected communities in Ukraine are considered through interactive scenarios. The course emphasises the importance of empowering local government to collaborate with national actors and provide accessible, victim-centred services to address conflict and post-conflict challenges.

Building upon the online transitional justice course, the Hague Academy for Local Governance and UpRights co-director Asa Solway and legal advisor Sofia Poulopoulou conducted a training of trainers on transitional justice for civil servants in Ukraine. During the training, representatives of the Ukrainian civil service, members of the judiciary and academics discussed relevant tools to conduct the training on transitional justice.

On 13 June, UpRights will lead a training on the promotion of human rights for participants of the Matra Rule of Law Training Programme led by the Netherlands Helsinki Committee, the Leiden Law School, and The Hague Academy for Local Governance. The Programme is an initiative aimed at strengthening the rule of law for officials of national governments. Through the training program participants gain practical skills and knowledge on rule of law themes and obtain the necessary tools to implement human rights standards effectively.

UpRights will provide an overview on the role of international human rights law in the effective documentation of human rights violations. Participants will interactively engage on issues relating to the cooperation between national actors and NGOs to safeguard fundamental rights.

Participants will also reflect on specific challenges in their own countries to identify areas for reform and exchange practices with peers to mutually enhance their knowledge in developing sustainable policies for rights protection. By providing participants with an overview of mechanisms and policies that can be employed to implement internationally agreed standards, the training programme empowers them to implement the newly gained knowledge and insights in their respective organisations.