Application of norms of international humanitarian and international criminal law in adjudicating war crimes cases

Enhancing the Capacity of Ukrainian Judges Adjudicating War Crimes Cases

The Office for Democratic Institutions and Human Rights (ODIHR), in cooperation with Ukraine’s Supreme Court, will be holding a two-day seminar in Warsaw on 30 and 31 October, focusing on selected substantive and procedural topics in the adjudication of war crimes cases in Ukraine. Along with leading international experts, the seminar is convening Ukrainian judges from twelve different oblasts, including some from frontline locations in the Kherson, Donetsk, and Kharkiv Oblasts. These judges represent the Criminal Chamber of the Supreme Court, city-district courts and various appellate courts. The seminar aims to enhance the judges’ expertise in drafting decisions and applying international humanitarian and international criminal law in their national adjudication of war crimes cases.

During the seminar, Ukrainian judges will bolster their knowledge and skills in specialized topics, while advancing Ukraine’s OSCE commitments to judicial independence and the right to a fair trial. The seminar will also serve as a platform for engagement between Ukrainian judges and their counterparts from OSCE participating States, exchanging good practices and lessons learned.

This seminar reaffirms the commitment of OSCE participating States to the rule of law, which must be upheld even in times of martial law (Moscow 1991). It underscores participating States’ commitment to respecting international humanitarian law (Helsinki 1992; Budapest 1994), as well as the need to hold individuals personally accountable for war crimes and violations of international humanitarian law (Stockholm 1992).

ODIHR remains committed to supporting Ukraine’s judiciary in the challenging task of adjudicating an overwhelming docket of war crimes cases amidst continuing Russian military attacks. ODIHR stands ready to support Ukrainian institutions and legal professionals further in building their capacity, reaffirming Ukraine’s commitment to promoting the rule of law, and the effective adjudication of war crimes cases.

Contacts: 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.