Accountability II: Fair, Transparent, and Accountable Criminal Justice System in Ukraine

Project Overview

The Ukrainian justice system faces significant challenges. The courts, high level institutions, and probation services are grappling with overwhelming caseloads and acute staff shortages, all of which undermine the fundamentals of accountability. This strain on resources has resulted in delayed proceedings and a reduced capacity to address the growing demands of the legal system, especially in relation to transitional justice and accountability for international crimes. 

Russia’s ongoing full-scale invasion has exacerbated the strain on the justice system while also expanding the categories of crimes that must be addressed. The question of how to handle veterans, former prisoners of war (POWs), and those accused of international crimes in a manner that respects the rights of suspects while also helping society heal remains unanswered, thus showing a gap in transitional justice. 

As veterans return from the frontlines, the justice chain will also have to handle the cases involving this vulnerable group as they become witnesses, victims, perpetrators, or are former POWs. Particular attention needs to be given to the unique needs caused by wartime trauma, while at the same time applying appropriate alternative sanctions and properly rehabilitating these individuals back into society. 

Within this context, the Ukrainian judiciary and probation systems must continue to reposition and adapt to deal with both the current and inevitable future challenges.  

The project aims to support Ukraine in developing a justice system that is able to effectively and efficiently address these challenges. 

Outcomes

Outcome 1: Cooperation on international criminal law and MLA strengthened (CILC, IDLO, Asser). Awareness of MLA treaties and EU legal frameworks is increased among legal actors and policy makers through awareness raising, knowledge sharing, and international integration, and a needs assessment on judicial reform for MLA implementation. Legal actors’ capacity to implement MLA treaties and EU frameworks is strengthened through an assessment of national legislation with development of policies and materials, and technical support based on the needs assessment. 

Outcome 2: Support for addressing the roles of veterans — as victims, witnesses, perpetrators, former POWs, and alleged collaborators — within the criminal justice chain to advance transitional justice. Research support is provided on addressing these roles and veterans’ rehabilitation in society, drawing on lessons from post-war contexts, through research on how post-war states have implemented strategies for dealing with veterans in the criminal justice chain and their rehabilitation, and through support for developing and implementing a strategy for the Ministry for Veterans. Capacity to address the roles of veterans within the criminal justice chain for transitional justice is strengthened by learning from post-war states’ experiences, through development and implementation of a Community of Practice (CoP) strategy, training programs for dealing with veterans in the justice chain, and development of alternative sanctions for veterans and other groups.