The Ukrainian justice system is currently confronting significant challenges in prosecuting crimes committed in the course of Russia’s war of aggression. Currently, there are more than 144,000 war crimes under investigation by the Office of the Prosecutor General. The number of cases being filed in court is constantly rising.
Of particular concern is the need for qualified and effective defense counsel who are willing to take on these war crimes cases given the practical realities that most cases are prosecuted in absentia, involve accused who are viewed as enemies of the Ukrainian people and trials which are taking place while the conflict from which they arise is ongoing outside the courtroom door
The United States Agency for International Development (USAID), Justice for All Activity, in conjunction with the Ukrainian Bar Association, and with the support of the International Bar Association, organized the creation of a practice manual for counsel which would focus on the legal and practical issues which arise in war crimes cases, with emphasis on the defense function.
The “Defense Counsel Handbook” which resulted from this initiative, was authored by Colleen Rohan, international law expert and member of 9BR International Practice Group, Marie O’Leary, acting Principal Counsel of the Office of Public Counsel for the Defence of the International Criminal Court, and Andrii Yakovliev, Ukrainian defense counsel, active in “Media Initiative for Human Rights” and the NGO “Regional Center for Human Rights”.
The content of the Handbook, aimed at the particular issues facing domestic counsel in the Ukrainian war crimes courts, was developed based on needs assessments and recommendations provided by Ukrainian defense lawyers concerned with enhancing their ability to effectively represent the accused in war crime cases. The Handbook compiles the latest information on national and international legislation, practical recommendations for defense strategy and trial practice, and specific aspects of conducting investigations, working with witnesses, and preparing legal arguments.
The Defense Counsel Handbook, which is available in Ukrainian and English, was presented to the Ukrainian legal community at the Second Annual Conference “Justice in Domestic Adjudication of War Crimes Cases” on October 24 and 25, 2024 in Kyiv.
