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 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.
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.
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
UpRights Co-Founder Alessandro Pizzuti has co-authored with Assistant Professor Giulia Pinzauti, UpRights Advisory Board Member, an article in the Journal of International Criminal Justice titled “Prosecuting Aggression against Ukraine as an ‘Other Inhumane Act’ before the ICC”.
The article, building on a past blogpost in OpinioJuris, revisits the possibility of prosecuting the underlying acts of aggression as crimes against humanity before the International Criminal Court, with specific reference to the February 2022 unlawful use of force against Ukraine by the Russian Federation.
In particular, the article contends that Russia’s unlawful use of force in breach of the right to self-determination of the Ukrainian people, which caused them great suffering or serious injury to mental/physical health, can be qualified as other inhumane acts under Article 7(1)(k) of the Rome Statute. While this approach has its challenges, it would allow the Court to prosecute the underlying acts of aggression as crimes against humanity avoiding the jurisdictional limitations that apply to the crime of aggression.
In a two-part blogpost (part 1 and part 2) published on OpinioJuris, UpRights co-founder Alessandro Pizzuti and Assistant Professor Giulia Pinzauti discuss the prospect of prosecuting aggression against Ukraine as the crime against humanity of “other Inhumane act” before the International Criminal Court.
The International Criminal Court’s lack of jurisdiction over the crime of aggression committed by the leadership of the Russian Federation and Belarus against Ukraine has prompted several voices to advocate alternative avenues to address a potential impunity gap, including the creation of a new international tribunal. The blogpost explores whether the ICC could exercise jurisdiction over the acts underlying Article 8bis of the Statute (crime of aggression) by subsuming the relevant conduct under the framework of crimes against humanity.
The Blogpost argues that while not without challenges, the intentional and severe violation of the right to self-determination of the Ukrainian people caused by Russia’s unlawful use of force caused the people of Ukraine great suffering or serious injury to mental or physical health that can be qualified as an other inhumane act under Article 7(1)(k) of the Statute.
