Select Principles of International Law and Their Application in Ukraine’s Domestic Adjudication of War Crimes and Violations of International Humanitarian Law

The seminar — held in partnership with Ukraine’s Supreme Court, the Office of the Prosecutor General of Ukraine, and Ukraine’s Coordination Centre for Legal Aid Provision—will gather a mixed group of judges, prosecutors, and defence attorneys engaged in domestic war crimes cases, together with experts from the International Criminal Court and practitioners and scholars of international humanitarian law from across the OSCE region.

As international observers such as the UN’s Independent International Commission of Inquiry on Ukraine increasingly conclude that Russian armed forces have committed crimes against humanity, Ukraine’s criminal justice system is called on to examine violations of international humanitarian law in domestic courts. To enhance legal professionals’ ability to apply that body of law in wake of Ukraine’s ratification of the Rome Statute, participants will analyse elements of the crime against humanity of murder and others, together with relevant caselaw. A moot court simulation and other practical exercises will be designed around crimes against humanity, and other select topics such as command responsibility, while also reinforcing trial advocacy skills for prosecutors, defence counsel, and judges.

ODIHR organizes this seminar and others to as a part of its mandate to support OSCE participating States in meeting their rule of law commitments, including: the commitment to hold individuals personally accountable for war crimes and acts in violation of international humanitarian law (Stockholm, 1992); to enforce the strict observance of the norms of international humanitarian law, including the prosecution and punishment of those guilty of war crimes and other crimes against humanity (Rome, 1993); and to support defence counsel in ensuring the right to a fair trial and in the furtherance and protection of other human rights in the criminal justice system (Ljubljana 2005).

Attendance at this meeting is by invitation only.

For further information, please contact Christopher D. Russell, ODIHR Rule of Law Officer at christopher.russell@odihr.pl.