Action on Accountability: The Pursuit of Criminal Justice for Ukraine

Executive summary

A multidisciplinary group of international experts convened at Wilton Park to discuss domestic and international measures to investigate and prosecute atrocity crimes resulting from Russia’s illegal invasion of Ukraine, and what further international support to Ukraine was needed. 

Recognising the challenges facing Ukraine during the current conflict, the following highlights the group’s recommendations for consideration by all accountability stakeholders:

International criminal accountability for atrocity crimes in Ukraine

Recommendations

• All stakeholders, including governments, parliaments, and civil society should actively disseminate information, including on social media, about avenues for justice and accountability, including examples of pro-active approaches and success stories. They should also enhance and coordinate efforts to disseminate counter-narratives to disinformation campaigns related to the conflict in Ukraine.
• When established, the Special Tribunal for the Crime of Aggression against Ukraine (“the CoA Special Tribunal”) shouldconsider
  • developing a strong communication strategy, access to dedicated communications and media expertise, media training for staff, a high-quality and accessible website, and other resources helping with visibility and enhancing understanding of the Tribunal’s role 
  • creating a high-level expert working group to consider standards and modalities for the possibility of victim participation, whilst not undermining the efficiency of proceedings.

Ukraine’s domestic approaches to accountability and international efforts to support it

Recommendations

• A case priority strategy should be developed on which trials to pursue,  including which in absentia trials are of most importance
• Changes to the Ukrainian criminal procedure codes should be prioritised, including in relation to the right of victims/survivors; guidance developed on how to build a case strategy; and coordination improved between agencies on data sharing (including exploring the option for new technological solutions to assist with this work)
• There should be support to embed a culture of wellbeing and care within the legal community. In particular, peer-to-peer support on the ground should be prioritised to support Ukrainian judges, prosecutors and lawyers, and investigators.
• The Atrocity Crimes Advisory Group (ACAG) should be supported to continue its coordination and good work, but also encouraged to find new ways to channel and facilitate pro bono and wider international support to Ukraine
• A protocol should be developed, involving both legal and technology experts, on how AI can be used sustainably and ethically in criminal justice cases. There may be multilateral organisations (such as the Council of Europe) that are well-placed to do this
• Support should be given to the OPG to roll out the SMEREKA e-case management system next year. 

Ways forward on international cooperation

Recommendations

• At the request of the Office of the Prosecutor General (OPG), a donor review should be commissioned to map current international support and assistance to the criminal justice system.  This could take the form of an independent review commissioned by the OPG and led by an international expert, with support from donor countries.  This would have a remit to identify what is working well, where the gaps are and where duplication could be avoided
• Fora should be created to enable multidisciplinary dialogues between all stakeholders (creatives, donors, lawyers, parliamentarians, states, civil society, arts bodies, psychologists, journalists, communication experts and others) to facilitate accurate, creative and timely narratives that resonate with the public.

Victim-centred Transitional Justice; accountability for Conflict Related Sexual Violence (CRSV) and the treatment of vulnerable groups

Recommendations

• A comprehensive, victim-centred Transitional Justice plan should be developed, building on the 2019-20 transitional justice roadmap           
• Trauma-informed, survivor-centred and inclusive approaches should be embedded in legal education and training, new laws and policies, and policy, diplomatic, legal and judicial processes 
• The “best interests of the child” test should guide engagement with child victims.
• The Criminal Procedure Code should be anchored in trauma-informed, survivor-centred approaches. The passing and implementation of the Standard Operating Procedures on the Investigation and Prosecution of Conflict Related Sexual Violence as a joint order would also play a valuable role
• Peer support networks should be established for different survivor groups to facilitate access to criminal justice, medical and psychological care, among other needs
• A plan for providing long-term, context-sensitive psycho-social support should be considered, likely in-community, given the numbers of Prisoners of War and survivors.