Overview

 

The conflict in Ukraine has impacted all levels of society in fundamental ways. To assist in addressing emerging challenges, the Dutch Ministry of Foreign Affairs has established the program “Restoring Dignity and Justice in Ukraine”, implemented by the International Development Law Organization, to provide relevant support and strengthen the capacities of various parties dealing with international crimes in Ukraine.

As part of this initiative, UpRights, the Hague Academy for Local Governance and the T.M.C. Asser Instituut collaborated with the Ukrainian High School of Public Governance to develop a transitional justice training to assist Ukrainian civil servants in responding to harms arising from the conflict. The program was created in response to a demand by Ukrainian civil servants to better understand transitional justice and its role in supporting the provision of government services.

The online training includes six modules focused on the fundamentals of transitional justice and its potential to support local government working in de-occupied communities throughout Ukraine. To date, the training has been taken by close to a hundred civil servants and has led to follow up workshops focused on specialized topics including compensation and reparations, working with victims, sexual and gender-based violence and the restoration of public services in de-occupied communities. Encouraged by strong engagement and concrete outcomes, the implementing partners intend to deepen their collaboration and extend the reach of the program in 2025, ensuring it continues to meet the evolving needs of the Ukrainian society.

 

Activities

 

In early 2024, a comprehensive needs assessment, which included interviews with government officials, civil society representatives, international experts, and academics, set out challenges faced by civil servants and opportunities for transitional justice practices to support their efforts. The assessment found that while criminal accountability was often the primary focus of attention, government actors needed support to address other challenges arising from the conflict including reparations, reconciliation, the restoration of public services, mistrust in returning authorities and the conditions of victims and IDPs.

Following this assessment, a series of online modules was developed to provide training on the fundamentals of transitional justice and its specific application in de-occupied communities. Building upon this initial phase, in May 2024, 16 Ukrainian civil servants from national, regional and local government bodies took part in a weeklong training of trainers in The Hague, Netherlands to bridge connections between different sectors of government and build the capacity of the attendees to deliver the transitional justice training to their colleagues.  As noted by a participant in The Hague, “We are all traumatized by the war. […] We are traumatized but we are ready to work on transitional justice, we are ready to speak about transitional justice and promote the concept further.”

The results of the week-long training of trainers were incorporated into a final training course of six modules, split between core transitional justice principles and practices and modules designed to support government working in de-occupied communities to restore public services, work with victims, and promote dialogue and reconciliation. These topics were selected in part based on feedback from participants: “My obligation would be to provide safety and avoid retraumatization, fostering equality, non-discrimination, and inclusion for victims.” 

 

Outcomes

 

In September 2024, the online training was made available to all civil servants in Ukraine and, since the commencement of its rollout, close to a hundred civil servants have completed it.

Further, government officials, including some of whom attended the training in The Hague, have organized live workshops for hundreds of their colleagues which build on the online content. These workshops have been held in Kyiv and in de-occupied communities in the Kherson and Kharkiv regions. They have focused on a number of specialized topics including support to victims and IDPs, compensation for damages, approaches to preventing and addressing conflict-related sexual violence, and memorialization and documentation of the ongoing conflict.

Critically, the creation and implementation of the online course has produced increased cooperation between different sectors of government to implement transitional justice principles and practices into their daily work. As noted by a government partner, “There is a need for international cooperation that would allow us to reach all concerned groups, from high level officials to any other role in civil society institutions.” UpRights, The Hague Academy and T.M.C. Asser Instituut continue to support these workshops through the provision of tailored training and reference materials based on feedback from trainers and participants.

 

Next Steps

 

In 2025, this initiative is expected to grow further, with a natural continuation of the training through additional workshops and the development of a supplementary online module, which will be developed to expand on the current content following consultations with Ukrainian government officials.

Describing their hopes for the future, a participant stated that “we understand that the practical implementation of this training course will help improve the situation in our country. Each of the participants has their own experience which is of utmost importance to overcome the conflict in Ukraine and guarantee that similar situations do not take place anywhere else in the world.”

 

 

This project is part of the ‘Restoring Dignity and Justice in Ukraine’ consortium programme, focusing on advancing accountability for international crimes committed in Ukraine. The programme is funded by the Dutch Ministry of Foreign Affairs and is implemented by the International Development Law Organisation (IDLO), in partnership with the T.M.C. Asser Instituut, the Center for International Legal Cooperation (CILC), and the Netherlands Helsinki Committee (NHC).  The project aims at institutional strengthening and capacity development needs of the key parties in Ukraine dealing with international crimes: prosecutors, police, judges, as well as journalists and civil society organisations. We believe that with the support of the international community, Ukraine can advance accountability for these crimes.

On May 16, 2024, UpRights’ Co-Director Asa Solway took part in “Interdisciplinary Dialogues: Can We Navigate Conflict Resolution in the Context of International Law?”, a conference organized by the Amsterdam Law Forum at the VU Campus in Amsterdam.  

In a context in which effective justice and accountability mechanisms for victims of organized violence are at the forefront of global efforts, the Amsterdam Law Forum conference brought together researchers and practitioners from various fields, including criminology, psychology, and law to discuss the capacities and limitations of international legal frameworks in addressing armed conflicts.  

Panel One focused on legal frameworks and the practical implications of international law in Ukraine. Among other topics, the discussion touched upon the difficulties of adjudicating international crimes during ongoing conflicts, underlining how Ukrainian judges face challenges in prosecuting war crimes and genocide, and stressing the importance of international support for judicial capacity building.  

As part of his contribution, Asa Solway discussed the importance of supporting non-criminal accountability pathways in Ukraine to ensure justice for victims and comprehensive solutions to the armed conflict and UpRights’ participation in drafting the Benchbook on the Adjudication of International Crimes in Ukraine. The resource, which serves as a comprehensive resource for judges to adjudicate international crimes cases, was developed by Ukrainian judges, UpRights, and Global Rights Compliance, in cooperation with the Ukrainian Supreme Court, the National School of Judges of Ukraine and with the support of the MATRA-Ukraine Project and the USAID Justice for All Activity.  

Reflecting on the discussions on the interplay between armed conflicts and international law, UpRights is pleased to have supported the Amsterdam Law Forum’s commitment to fostering interdisciplinary dialogue on the evolving landscape of international justice and accountability. 

Read the Conference Report

 

Last week marked a significant milestone in the ongoing effort to promote peace, ensure the rights of victims and advance accountability for international crimes committed in Ukraine. UpRights, in collaboration with the Asser Institute and The Hague Academy for Local Governance (THALG), concluded a successful Training of Trainers (ToT) workshop in The Hague. The workshop, that brought together 16 government officials from different regions of Ukraine, represented crucial step in developing and implementing specialized training modules on transitional justice (TJ) in the country, aiming to support comprehensive accountability and justice processes across the landscape of Ukraine. 

Long-term Goals and Objectives 

Falling under the ‘Restoring Dignity and Justice in Ukraine’ programme funded by the Dutch Ministry of Foreign Affairs, it strives to strengthen expertise and contextualize mechanisms to pursue accountability for international crimes in Ukraine. By assisting government officials and increasing the capacity of national and local institutions, the project aims to incorporate transitional justice practices effectively in the framework of Ukrainian local governance.  

Local Governance and Transitional Justice 

Participants actively considered the importance and role of transitional justice in local governance. They discussed challenges experienced by local communities and the importance of cross-sectoral cooperation to address the multifaceted complications of the full-scale invasion. In a context in which war risks creating distance between the administration and its people, the participants understood transitional justice mechanisms as avenues through which to convey to the citizens that Ukraine is not leaving them.  

“People at the local level experience problems that cannot be understood by other local people and governance. That is why the local level can see the problem much clearer than the national level and therefore act quicker and better,” emphasized one participant, underscoring the unique position of local authorities to address immediate and concrete challenges faced by communities affected by conflict.  

Developing a Contextual Approach 

A significant takeaway from the workshop was the necessity of developing a transitional justice approach tailored to Ukraine’s unique context. “It is very important not to use templates to answer the question; there is a need to find individual and context-specific ways to deal with the past,” one of the guest experts advised. This sentiment was echoed throughout the sessions, emphasizing the concept of transitional justice in Ukraine needs to be built on the country’s history, traditions, challenges, and needs. “The answers need to be contextual,” reiterated UpRights’ Asa Solway, while a truth commission might be an effective approach in certain contexts, Ukraine may require a different method for truth-seeking that resonates with its specific circumstances. 

The Role of Transitional Justice During Conflict 

Breaking down the misconception that transitional justice can only be implemented after a conflict ends, the lively discussions amongst participants underscored how much of what can be done post-conflict is determined by actions taken during the conflict. Documentation during conflict, for instance, sets the groundwork for effective truth-seeking and memorialization efforts later, while engaging with civil society, victim groups, and the broader population even during ongoing conflict can lay the foundation for future reconciliation and justice processes. 

Moving Forward 

Yet, as underlined by UpRights’ Asa Solway and Ciara Laverty at the opening of the ToT, the completion of the training and its workshops represented only the beginning of a journey. Indeed, the trainers, having exchanged with peers and colleagues on the mechanisms that constitute transitional justice processes, set out to deliver the online training modules to other national participants. 

As Ukraine navigates its path towards justice and accountability, the collaborative efforts of UpRights, the Asser Institute, The Hague Academy for Local Governance, and Ukrainian government officials will be pivotal. By fostering a deep understanding of transitional justice and its practical applications, this initiative aimed to support Ukraine in addressing the reality and aftermath of conflict and building a just and resilient society. 

Through continued collaboration and tailored approaches, we can hope to see meaningful progress in the pursuit of justice and reconciliation for the people of Ukraine. 

The Training at a Glance

This project is part of the ‘Restoring Dignity and Justice in Ukraine’ programme, focusing on advancing accountability for international crimes committed in Ukraine. The full programme is funded by the Dutch Ministry of Foreign Affairs and is implemented by the International Development Law Organisation (IDLO), in partnership with the T.M.C. Asser Instituut, the Center for International Legal Cooperation (CILC), and the Netherlands Helsinki Committee (NHC). The project aims at institutional strengthening and capacity development needs of various parties in Ukraine dealing with international crimes: prosecutors, police, judges, as well as journalists and civil society organizations. We believe that with the support of the international community, Ukraine can advance accountability for these crimes. 

Thursday, 16th of May, marked the inaugural session of the online training series jointly organized by the Asser Institute, Global Rights Compliance, and the Ukrainian Bar Association, as part of the MATRA-Ukraine Project. 

UpRights Valerie Gabard and David Kinnecome delivered a presentation to explore the nuances of applying international law within the Ukrainian legal framework with a view to deepening knowledge among Ukrainian lawyers who represent the accused and victims in cases of crimes related to the conflict in Ukraine.   

Building upon UpRights’ work on the Benchbook on the Adjudication of International Crimes under Ukrainian Domestic Law, developed by international and Ukrainian experts in collaboration with judges and with support from the USAID Justice for All Activity, Valérie and David notably underlined the role of international law in the adjudication of international crimes under Article 438 and Article 442 of the Criminal Code of Ukraine. 

On Wednesday, May 15, 2024, UpRights’ David Kinnecome took part in the event, “Sanctions, Remittances, and (in)Security: Legal Conundrums, Financial Paradoxes, and Humanitarian Puzzles,” organized by the Asser Institute and the University of Leiden. 

Throughout the day, the conference brought together students, officials, practitioners, and scholars to explore the intricate interplay between international law and sanctions authority, the nuanced role of financial systems as conduits within the sanctions landscape, and the emergence of novel strategies employed by major powers to circumvent existing sanctions frameworks.  

As part of the roundtable on ‘Sanctions and the Pursuit of Accountability for International Crimes: Critical Reflections’, David addressed the pivotal issue of utilizing sanctions-related funds to facilitate compensation for victims of such crimes, underscoring the imperative of ensuring tangible restitution within sanction regimes. 

As we reflect on the rich discourse and insights garnered from yesterday’s proceedings, we are reminded of the imperative to continue fostering dialogue and collaboration within the realm of sanctions scholarship and practice.  

From April 15 to 19, 2024, Uprights’ Valérie Gabard and David Kinnecome contributed as experts in a training for judges on the adjudication of international crimes in Ukraine and on judgment drafting in international crimes cases. The training was organized by the National School of Judges with the support from USAID Justice for All Activity, Global Rights Compliance and T.M.C. Asser Institute, which implements the Dutch-funded MATRA-Ukraine Project. 

Alongside other experts specializing in international humanitarian law and international criminal law, as well as a judge from the International Criminal Court, UpRights’ Valérie Gabard and David Kinnecome shared their insights and subject matter expertise with participants. 

 

During the training, 25 Ukrainian judges from throughout the country improved their knowledge, skills, and abilities in evaluating evidence in trials involving international crimes and applying international customary law in actual cases in Ukraine. Participants also discussed how to apply modes of liability to international crimes under the Criminal Code of Ukraine, and the importance of taking victim-centred, gender-sensitive, and child-sensitive approaches in adjudicating war crimes cases. 

The program further included interactive sessions on how to draft well-reasoned judgments in international crimes cases. Experts shared with participants guidance on judgment drafting for the adjudication of war crimes cases in Ukraine based on international best practices, covering issues related to presenting evidence and factual findings related to the crimes prosecuted under Article 438 of the Criminal Code, as well as findings on legal elements of international crimes and modes of liability, defences. 

The training built upon the Benchbook on the Adjudication of International Crimes under Ukrainian Domestic Law developed by international and Ukrainian experts in collaboration with judges and with support from the USAID Justice for All Activity. All training participants were provided with a printed copy of the Benchbook.  

Training conclusion

 

UpRights work in Ukraine focuses on supporting the government to fairly and effectively adjudicate international crimes cases as well as providing resources and trainings for civil servants rooted in transitional justice principles to ensure victim-centered, rule of law-based solutions.

On November 21st and 22nd, 2023, UpRights’ Co-Directors Valerie Gabard and Asa Solway, along with Senior Legal Advisor David Kinnecome, participated in a series of events organized to facilitate knowledge exchange among legal experts and enhance the capacity of Ukrainian judges in the realm of international criminal law.

On November 21st, Valérie and Asa engaged in a thought-provoking session promoted by the T.M.C Asser Instituut focusing on judgement drafting in international crimes cases. The discussion began with their relevant experience at international criminal tribunals and then moved to a specific discussion of Article 438 of the Ukrainian Criminal Code and the issues related to the applicability of international criminal law in light of its blanket provision concerning war crimes.

The presentation integrated insights from the Benchbook on the Adjudication of International Crimes in Ukraine, a resource crafted by Ukrainian judges, UpRights, and Global Rights Compliance in close cooperation with the Ukrainian Supreme Court, the National School of Judges of Ukraine and with the support of USAID and the Matra Project to aid judges in the interpretation and application of relevant domestic offenses.

On November 22nd, in a separate workshop, David Kinnecome, UpRights’ Senior Legal Advisor, joined Valérie and Asa for a workshop on comparative law organized by the USAID Justice for All Activity as part of the Inter-University Programme on International Criminal Law and Procedure for Ukrainian Law Schools (IUP-UA).

The workshop provided a platform for Ukrainian law faculties to engage in in-depth discussions on issues related to international criminal law as applied in Ukraine. The trio’s presentation covered a spectrum of topics, including the role of international law in adjudicating war crimes cases under Article 438 of the Criminal Code of Ukraine and they also explored aspects of in-absentia trials and the admission and assessment of digital evidence, drawing where relevant from the practice of international tribunals.

UpRights is pleased to support the organisations’ commitment to promoting knowledge-sharing in international justice. Read more about these visits here, about the IUP-UA Project here and read the Benchbook on the Adjudication of International Crimes.

In 2023, UpRights and The Hague Academy for Local Governance developed a Training of Trainers on transitional justice, as well as an interactive online training, for Ukrainian civil servants. In recognition of the International Day of Peace on September 21st, UpRights’ co-director, Asa Solway, discussed with the Hague Academy the importance of transitional justice processes in Ukraine including in light of the full-scale Russian invasion of Ukraine.

Asa observed that the training is intended to serve as a toolkit designed to help societies confront the aftermath of large-scale past conflicts, repressions, violations, or abuses. In this regard, transitional justice is composed of different processes designed to address challenges that arise during and following conflict and periods of serious human rights abuses to ensure justice and accountability, strengthen the rule of law and promote reconciliation through a victim-centered approach.

Asa observed that the situation in Ukraine faces a plurality of conflict-related challenges that, viewed through these lenses, can be addressed through transitional justice processes including by giving voice to those most affected. He further noted that although peace requires long-term commitment, communities will have the best chance to begin to rebuild while focusing on those most vulnerable if an organised approach is taken that rooted in the rule of law.

Read the full interview here and read the Benchbook on the Adjudication of International Crimes

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.