18TH SESSION OF THE ASSEMBLY OF STATES PARTIES TO THE ROME STATUTE
Day 4 (5 December 2019)
Name of the Event: Accountability for Grave Crimes: the ICC and Complementarity Options for Ukraine (Side Event co-hosted by Human Rights Watch, International Renaissance Foundation, and the Ukrainian Legal Advisory Group)
Overview by: Sindija Beta, Junior Research Associate PILPG-NL
Main Highlights:
Panelists recommended that Ukraine should approach the workload of cases realistically and that perpetrators of crimes on all sides should be prosecuted.
Panelists indicated that Ukraine needs international assistance in the prosecution of crimes committed. The ICC’s role in the national prosecution, however, should be complementary and not organizational.
Summary of the Event:
The discussion was started by Deputy Prosecutor General of Ukraine, Gunduz Mamedov who emphasized what Ukraine has already done and will do in the future to bring to justice the perpetrators of crimes against humanity in committed Ukraine. He noted that the prosecutor’s office has detected numerous human rights and humanitarian law violations in Crimea since 2014. For the first time in history the prosecutor’s office has sent these outcomes to ICC. Mr. Mamedov acknowledged that the problem, however, is that law and enforcement bodies do not have any experience in prosecuting such crimes. He introduced the new department which was made to create a unified system for prosecution of crimes and conduction of investigations. Mr. Mamedov concluded by stating that Ukraine is actively working on the ratification of the Rome Statute and is willing to show continuous support to the ICC.
Nadia Volkova, director of Ukrainian Legal Advisory Group (ULAG), noted that ULAG has been involved in documenting war crimes and crimes against humanity since 2015. She expressed her gratitude to the work done by the Prosecutor’s Office and that Ukraine continues with the cases. Nevertheless, Ms. Volkova flagged that the issues they have encountered require international assistance as national authorities do not have sufficient knowledge and expertise. She particularly outlined the need for investigators, judges, prosecutors, and information sharing from war crimes units in other states.
Co-founder of Guernica 37 International Justice Chambers and former Counsel to Chief Prosecutor in Bosnia and Herzegovina, Toby Cadman pointed out that the primary responsibility of prosecuting international crimes lies with the national authorities. In his opinion, the Bosnian model for prosecuting international crimes is one of the most successful models in theory. He particularly pointed to the setting up of the process and the strategy developed. Mr. Cadman highly emphasized that the proceedings must be national and with only a supportive element from the international community. He furthermore stressed that Ukraine must realistically approach the workload they have and must be honest with the victims by saying that not all crimes will be prosecuted. Lastly, he advised the Ukrainian colleagues to develop a nation-wide strategy for how these cases will be conducted and what the involvement from the international community will be prior to commencement of the proceedings.
Associate director of International Justice Program in Human Rights Watch, Elizabeth Everson spoke about the potential role of ICC in the process. She expressed her concern about cases where the government’s lack of political will prevents international crimes cases from being prosecuted. Ms. Everson noted that the ICC should be involved in the Ukraine case and act as a supplementary organ if the national authorities are unable or unwilling to proceed with the prosecutions.
Finally, the speakers discussed the importance of fairness and transparency, as well as the impartiality of the prosecution in Ukraine. They agreed that criminal cases must be opened against the perpetrators of all sides – Ukrainian, Russian, as well as the separatist group. Toby Cadman reiterated the need to be selective as to whom Ukrainian authorities choose for assistance and that they must pay attention to possible language barriers.