The role of defence counsel in war crime trials in Ukraine

On 14 December 2023, the Office for Democratic Institutions and Human Rights (ODIHR), in co-operation with the Coordination Centre for Legal Aid Provision in Ukraine, hosted a webinar focused on selected substantive and procedural topics of war crimes cases in Ukraine and the role of defence counsel. Along with leading international scholars, judges and defence attorneys, the webinar assembled 60 defence lawyers from various regions of Ukraine.

During the webinar, the lawyers bolstered their knowledge and skills in specialized topics, while advancing Ukraine’s OSCE commitments to the right to a fair trial. Furthermore, the webinar served as a platform for engagement between Ukrainian defence lawyers and their counterparts from OSCE participating States and from the International Criminal Court.

The webinar embodies OSCE participating States’ commitment to respect the rule of law even in times of martial law and ensure that anyone charged with a criminal offense has legal assistance (Moscow 1991). It underscores participating States’ commitment to respecting international humanitarian law (Budapest 1994), as well as the need to hold individuals personally accountable for war crimes and violations of international humanitarian law (Stockholm 1992). Additionally, the webinar advances the OSCE Ministerial Council’s call for supporting participating States in strengthening the right to legal assistance (Helsinki 2008).      

Further information

Enquiries can be address to Christopher D. Russell, Rule of Law Officer, Christopher.Russell@odihr.pl and Anna Stakhanova, ODIHR Consultant on Accountability for War Crimes, Anna.Stakhanova@odihr.pl.