To bring Russia to justice, Ukraine needs support from partners and international organizations

Onysiia Syniuk, a legal analyst at the Ukrainian Human Rights Center Zmina. outlines the steps necessary to achieve peace, hold accountable those responsible, and provide reparations to Ukraine.

National system's limited capacity

As of December 22, the Prosecutor General's Office had registered more than 50,000 war crimes, and the number is growing. The knowledge and experience of law enforcement officers, investigators, prosecutors, and judges, as well as the lack of equipment needed to collect and preserve evidence, are all factors.

Therefore, Ukraine needs support from government partners and international organizations in the form of financial assistance, capacity building, expertise and teams of experts.

Gaps in legislation

Currently, the Criminal Code of Ukraine does not contain provisions on crimes against humanity. Therefore, amendments are needed to bring Ukrainian criminal law in line with international criminal law standards.

Evidence is being destroyed

The work of law enforcement is also hampered by limited access to Russian-controlled territories or areas of active hostilities. Evidence is being destroyed, as was the case in Mariupol, where buildings targeted by Russian shelling and rocket attacks that resulted in numerous civilian casualties are being demolished.

The ICC and the Special Tribunal

On the one hand, the international community is acting quickly. For example, 43 countries have addressed the International Criminal Court (ICC) regarding the situation in Ukraine. However, the ICC may not be able to handle a large number of cases due to its complementary nature and limited capacity. 

It is important that the Court prosecute some cases involving individuals who may escape responsibility at the national level due to their immunity.

Therefore, it is crucial to establish a Special Tribunal for the crime of aggression to bring to justice all individuals, regardless of their high governmental positions or status. This should include officials from other states, such as Belarus and Iran, who participated in the aggression and should not be left out.

Nonjudicial measures of legal protection 

A trial may not be possible for a variety of reasons, such as insufficient evidence or the victim's unwillingness to go through the legal process. Therefore, it is important to establish extrajudicial remedies, such as restitution, compensation and rehabilitation. 

For example, support should be provided to those who were forced to flee the war or were deported and relocated to Russia and Belarus to facilitate their return to Ukraine or Europe. However, the Ukrainian side does not have reliable information about these individuals, nor is it able to contact them in Russia due to the absence of Ukrainian diplomatic missions. Russia is also obstructing the efforts of international organizations and has refused to allow Switzerland to act as an intermediary. People trying to return often face humiliating filtering procedures in the occupied territories and in Russia, and are forced to spend days on the road. This is especially difficult for children who cannot leave Russia on their own and face obstacles in the form of simplified adoption procedures introduced by the Russian government.

In addition, it is important to ensure the processes of return of remains, exhumation, reburial, installation of headstones for deceased relatives, issuance of death certificates, search for missing persons and ceremonies for the missing. However, these processes are hampered by the lack of access of the Ukrainian government to the occupied territories, as evidence is deliberately destroyed or left behind by the Russian side.

• Earlier, The Economist wrote that prosecuting war crimes in Ukraine will be a long-term struggle.