On July 18, 2023, UpRights Senior Legal Advisor David Kinnecome alongside Ukrainian judges led the fifth and final workshop focused on procedure in international crimes cases in Ukraine. The workshop is the final in a series of events organized by the USAID Justice for All Activity following the publication of the Benchbook on the Adjudication of International Crimes, which was developed by the USAID Justice for All Activity in partnership with the National School of Judges, Global Rights Compliance, and UpRights.

David and Ukrainian judges presented attendees with national and international perspectives on issues relating to trials in absentia, the assessment and admissibility of digital evidence, and the risks of re-victimization, which are relevant to adjudicating international crimes. In particular, the event highlighted how international practice and procedures can offer guidance and in certain instances persuasive authority when considering procedural issues under the Ukraine Criminal Procedure Code.

The event closed a series of thematic workshops organized following the publication of the Benchbook on 22 June 2023 to provide judges and other stakeholders with the opportunity to discuss substantial and procedural aspects of international crimes adjudication provided by the Benchbook.

In a two-part blogpost (part 1 and part 2) published on OpinioJuris, UpRights co-founder Alessandro Pizzuti and Assistant Professor Giulia Pinzauti discuss the prospect of prosecuting aggression against Ukraine as the crime against humanity of “other Inhumane act” before the International Criminal Court.

The International Criminal Court’s lack of jurisdiction over the crime of aggression committed by the leadership of the Russian Federation and Belarus against Ukraine has prompted several voices to advocate alternative avenues to address a potential impunity gap, including the creation of a new international tribunal. The blogpost explores whether the ICC could exercise jurisdiction over the acts underlying Article 8bis of the Statute (crime of aggression) by subsuming the relevant conduct under the framework of crimes against humanity.

The Blogpost argues that while not without challenges, the intentional and severe violation of the right to self-determination of the Ukrainian people caused by Russia’s unlawful use of force caused the people of Ukraine great suffering or serious injury to mental or physical health that can be qualified as an other inhumane act under Article 7(1)(k) of the Statute.

On 14 June 2021, UpRights co-Founder, Valérie Gabard, participated in the virtual seminar ‘Strengthening Domestic Capacity to Prosecute and Adjudicate International and Transnational Crimes in Africa’.

The high-level seminar, organised by the International Nuremberg Principles Academy, the Asser Institute and the Antonio Cassese Initiative, followed a training course held in February 2020 in Arusha, Tanzania and an online training in March 2021. 17 judges and prosecutors from Benin, Burkina Faso, Burundi, Cameroun, Chad, Democratic Republic of the Congo and Niger participated in the series of lectures of the high-level seminar.

UpRights conducted an interactive exercise for the Judges and Prosecutors’ oriented around the type of international crimes committed by armed groups and defence and security forces in respective West African contexts. The training allowed the participants to apply challenges present in their respective jurisdictions. Participants working individually and in groups identified whether war crimes and crimes against humanity may have been committed. The focus of the exercise was around the prosecution of international crimes in the context of the fight against terrorism with a particular focus on sexual and gender-based violence.