As an organisation at the forefront of promoting and protecting the rule of law and international justice, the IBA has had a duty to support Ukraine and its legal profession, institutions, infrastructure and population as a whole since the start of the Russia–Ukraine war in February 2022.

At that time, IBA Executive Director Mark Ellis swiftly initiated the Association’s response to the crisis and set out a plan for delivering assistance to Ukraine.

At the outbreak of war, the IBA immediately issued a press release. ‘The IBA publicly condemned Russia’s breach of the most sacred principle of international law – sovereign integrity – on the sad 24 February 2022’, says IBA President Almudena Arpón de Mendívil. ‘Supporting Ukraine on all legal fronts has been a priority for the IBA since then, and will remain so until the illegal actions of Russia in Ukraine’s territory end.’

‘Beyond public statements, the IBA has focused its efforts in three areas: aiding Ukraine’s legal profession; helping to support accountability of any crime against humanity perpetrated during the war with the IBA app eyeWitness to Atrocities; and cooperating with Ukraine regarding its compliance with international legal standards in domestic trials related to war crimes’, she explains.

The IBA and IBAHRI have been involved in many different initiatives in the past year. In addition, the Association has endeavoured to inform its membership and beyond on varied aspects of the conflict and related matters through regular features, articles, podcasts and webinars.

Ukrainian bars and the legal profession

In early 2022, the IBA expressed solidarity with IBA members and lawyers in Ukraine, and the Ukrainian bars, subsequently strengthening ties with the Ukrainian National Bar Association and the Ukrainian Bar Association. The IBA has assisted them with financial contributions in support of their humanitarian efforts and bar running costs.

Given its considerable experience in training lawyers, it was logical for the IBA to undertake training for those lawyers who will be involved in defending the accused in national war crimes trials, as well as providing further training on international criminal law during 2022. Several popular sessions took place online.

In August 2022, the International Legal Assistance Consortium – of which the IBA is a founding organisation – announced the publication of a new report, with research contributed by the IBA, on the impact of the Russia–Ukraine conflict on the Ukrainian justice system.

Documenting war crimes; ensuring accountability

eyeWitness to Atrocities is a powerful IBA-initiated app intended for use as a tool to amass verified documentary evidence of potential war crimes for future trials.

The app has been prominent in IBA efforts to assist Ukraine, with significant interest from the media and support from the bar associations in Ukraine, the Prosecutor General’s Office and the Supreme Court.

A Ukrainian language version was produced early in 2022, and by October, the app had logged more than 20,000 verifiable items of potential human rights violations, with evidence submitted to the UN Commission of Inquiry on Ukraine – a body set up with the input of the IBAHRI.

Mark Ellis made an official visit to Ukraine in September 2022 with the focus on expanding the IBA’s support. He participated in meetings with the Ukrainian National Bar Association Council, Ukraine’s Supreme Court President, Vsevolod Kniaziev, and Ukraine’s Prosecutor General, Andriy Kostin, discussing among other things cooperation on training and how to establish special tribunals.

The IBA entered into a Memorandum of Understanding (MoU) with the Office of the Prosecutor General in October 2022, intended to ensure accountability for war crimes and other international crimes. Kostin welcomed ‘the specialised knowledge and wealth of experience the IBA can bring, particularly in the fields of international humanitarian and criminal law’.

Certain initiatives are focusing on the long-term. Through its Anti-Corruption Committee, the IBA has set up a task force to help Ukraine address and avoid the common pitfalls countries make during the reconstruction process following war or natural disasters. By leveraging the IBA’s vast network of international legal professionals, alongside Ukrainians, the IBA is laying the groundwork for this endeavour and will deliver training, consultation and capacity building in a number of areas.

Strengthening links with Ukrainian institutions

In addition to its MoU with the Office of the Prosecutor General, the IBA signed another MoU in late 2022 with Ukraine’s Ministry of Justice (MoJ) and the Coordination Centre for Legal Provision (CCLAP), setting out terms of support for free legal aid provision to ensure the effective representation of cases concerning war crimes.

Ellis stated that: ‘At the end of this conflict, the international community will undoubtedly assess Ukraine on its domestic trials, and whether they met international standards of fairness and impartiality. I am very pleased that the IBA is partnering with the MoJ and CCLAP in accomplishing this mission.’

A third MoU, being drafted at the time of writing with the Ministry of Defence and the All-Ukrainian Non-Governmental Organisation, aims for the improvement of the legislative framework and ensuring proper defence in cases concerning military crimes. The signatories for the IBA will be Arpón de Mendívil and Ellis.

Ukraine was of course a huge focus at the IBA Annual Conference 2022 in Miami, most prominently with President Volodymyr Zelensky addressing delegates at the Opening Ceremony via video message. The President highlighted the importance of the legal profession, saying that ‘lawyers will ensure that all those guilty of terror are brought to justice […] together we can prove that the law is effective and that the law works’.

Arpón de Mendívil underlines the Association’s crucial obligations: ‘In the end, the law will have the final word about this terrible conflict’, she states. ‘The IBA, representing its members, has a duty to ensure that legal principles are clear, visible and respected.’

Covering the issues

IBA committees and other groups are addressing specific issues of relevance to their fields of expertise, with the IBA Section on Energy, Environment, Natural Resources and Infrastructure Law contributing to a project on accountability for environmental crimes, and the Asset Recovery Committee investigating the recovery of assets frozen under sanctions – both collaborating with the Office of the Prosecutor General. Elsewhere, the War Crimes Committee has created a legal resources list showing efforts to document and collect evidence at a criminal law standard and ways for lawyers to contribute through pro bono efforts. The Committees’ members have also actively participated in the IBA’s training programmes on accountability for war crimes being committed in Ukraine.

The IBA has produced a wealth of Global Insight articles covering issues including Ukraine at war, anti-corruption and autocracy, accountability for atrocities, food security and Ukraine’s potential accession to the EU; and podcasts addressing issues of refugees from Ukraine, international law, sanctions against Russia and holding Russia to account. See more details here.

The IBA has also held webinars by the Art, Cultural Institutions and Heritage Law Committee, Immigration and Nationality Law Committee, Professional Ethics Committee and Rule of Law Forum among others, and has published numerous committee articles exploring the crucial human element of the war, including interviews with Ukrainian lawyers and their experience of living and working through the war.

The IBA will continue its Ukraine-focused projects during 2023 – and for as long as is necessary. As Ellis says, ‘When Russia invaded Ukraine, I was determined that the IBA play a leading role in speaking out against Russia as well as assisting Ukraine during the conflict. We will continue to do both until the war has finished’.

Visit the Ukraine hub here.

Image credit: ©[Stepen Oppo from baseimage] via Canva.com