The Ukrainian justice system is preparing to apply international experience in war crimes investigations

5.12.2022 |

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The EU Project Pravo-Justice in cooperation with the National School of Judges of Ukraine (NSJU) completed the online course for judges and prosecutors "Investigation and trial of international crimes and serious violations of human rights".

Summing up the course, Mykola Onishchuk, Rector of the NSJU, thanked the EU Project Pravo-Justice for attention to the topic of war crimes investigation and organization of the relevant training. Mykola Onishchuk assured the School will actively use course materials for various formats of judicial education related to this topic.

"It is very valuable that international experts-trainers had practical experience in applying the norms of international humanitarian law, and participated in the investigation or trial of similar international conflicts. We, in turn, will contribute to the dissemination of this relevant knowledge among representatives of the Ukrainian judicial system", - Mykola Onishchuk emphasized.

Anna Adamska-Gallant, the Key international expert on judicial reform of the EU Project Pravo-Justice, noted that the Project successfully tested the training developed for Ukrainian judges and prosecutors so that it will continue its work in this direction.

"We are also considering the possibility of organizing the work of mentoring groups, where Ukrainian judges can work with international judges who can share their practical experience on various issues related to the investigation of international crimes," - said Anna Adamska-Gallant.

During the seminar on forms of responsibility for war crimes, international expert and trainer of the course, Gary Collins, noted that the Ukrainian judicial system is currently gaining significant experience in working with international criminal law regarding the main categories of war crimes.

"Personal criminal responsibility for these crimes is necessary to uphold the rule of law, prevent future violations, and ensure restitution and justice for victims," - said Gary Collins.

In turn, the international expert and trainer Cornelis Verhaeren, during the seminar on the investigation of war crimes by the investigative team, emphasized the high requirements for the investigations of war crimes, which are conducted under high-pressure conditions.

"The accuracy of the investigation must be very high, and the nature of the committed offenses requires that decisions be made as quickly as possible. After all, the satisfaction of the victims and the establishment of justice are extremely important," - said Cornelis Verhaeren.

During the session on the questioning of vulnerable witnesses, Anna Adamska-Gallant, emphasized the importance of understanding the motivation of victims and witnesses of war crimes, because it depends on the correctly chosen tactics of conversation and, as a result, the effectiveness of the judicial process.

International experts also highlighted the topic of defense in war crimes cases. In particular, the trainers talked about the circumstances that exclude responsibility for international crimes, as well as the arguments of the defense side, which are typical for international crimes.