Since Russia’s full-scale invasion of Ukraine in February 2022, the Ukrainian judiciary has been inundated with war crimes cases, requiring immense resources and specialised training. To this end, in 2023, the IBA Human Rights Law Committee (HRLC) supported an IBA initiative to improve and ensure the Ukrainian judiciary’s compliance with international due process standards. 

For each war crimes case received, HRLC Officers reviewed the final judgment and case materials relied upon, and then made an assessment on compliance with international due process standards, including:

1. the right to a fair and public hearing;
2. the right to an independent and impartial tribunal;
3. the right to a competent tribunal;
4. the right to be present at trial;
5. the right to be represented by counsel;
6. the right to adequate time and facilities to prepare a defense;
7. equality of arms;
8. the right to call and examine witnesses;
9. the right to appeal;
10. the right to a public judgment; and
11. detention issues/presumption of liberty.

Each assessment identified the governing law and accounted for limitations that might materially impact the assessment, such as insufficient information provided to ascertain the qualifications of expert witnesses or the existence of conflicts of interest. For each issue identified, officers provided detailed guidance and recommendations for how to ensure compliance going forward.