On November 21st and 22nd, 2023, UpRights’ Co-Directors Valerie Gabard and Asa Solway, along with Senior Legal Advisor David Kinnecome, participated in a series of events organized to facilitate knowledge exchange among legal experts and enhance the capacity of Ukrainian judges in the realm of international criminal law.

On November 21st, Valérie and Asa engaged in a thought-provoking session promoted by the T.M.C Asser Instituut focusing on judgement drafting in international crimes cases. The discussion began with their relevant experience at international criminal tribunals and then moved to a specific discussion of Article 438 of the Ukrainian Criminal Code and the issues related to the applicability of international criminal law in light of its blanket provision concerning war crimes.

The presentation integrated insights from the Benchbook on the Adjudication of International Crimes in Ukraine, a resource crafted by Ukrainian judges, UpRights, and Global Rights Compliance in close cooperation with the Ukrainian Supreme Court, the National School of Judges of Ukraine and with the support of USAID and the Matra Project to aid judges in the interpretation and application of relevant domestic offenses.

On November 22nd, in a separate workshop, David Kinnecome, UpRights’ Senior Legal Advisor, joined Valérie and Asa for a workshop on comparative law organized by the USAID Justice for All Activity as part of the Inter-University Programme on International Criminal Law and Procedure for Ukrainian Law Schools (IUP-UA).

The workshop provided a platform for Ukrainian law faculties to engage in in-depth discussions on issues related to international criminal law as applied in Ukraine. The trio’s presentation covered a spectrum of topics, including the role of international law in adjudicating war crimes cases under Article 438 of the Criminal Code of Ukraine and they also explored aspects of in-absentia trials and the admission and assessment of digital evidence, drawing where relevant from the practice of international tribunals.

UpRights is pleased to support the organisations’ commitment to promoting knowledge-sharing in international justice. Read more about these visits here, about the IUP-UA Project 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 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.

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.

UpRights’ senior legal advisor David Kinnecome co-authored with James Patrick Sexton, junior researcher at T.M.C. Asser Instituut, an analysis for the blog of the European Journal of International Law “Enforcing Sanctions Violations to Fund the Reconstruction of Ukraine”.

The article analyses the recent efforts by the European Union and the United States to pursue the enforcement of sanctions, notably concerning the violations committed in the context of the RussiaUkraineWar.

In particular, the article contends that the enforcement of sanctions violations could gather the necessary funds to pursue both compensation for victims of the conflict and the implementation of reconstructive efforts, concluding that although these approaches may not fully cover the financial needs of compensation and reconstruction, they would still offer additional legitimate sources of funding.

Read the post here