European advocates discussed the legal consequences of the war in Ukraine
War crimes and crimes against humanity in the context of the war in Ukraine were discussed by lawyers at the European Criminal Bar Association (ECBA) spring conference.
The event was held in Warsaw (Poland) on May 6, 2023, with the participation of lawyers from thirty-one countries, including Ukraine.
During the thematic panel discussion, Vice President of the UNBA, Valentyn Gvozdiy presented a report on the problems and prospects of bringing perpetrators to criminal responsibility for international crimes committed in Ukraine.
In particular, he noted that today there are all signs of the four most serious international crimes defined in the Rome Statute of the International Criminal Court: the crime of genocide, crimes against humanity, war crimes, and the crime of aggression being committed in Ukraine. To punish all criminals, it is crucial to conduct an effective investigation and correctly classify their actions and create an effective mechanism for bringing them to justice.
After all, bringing all perpetrators to justice is a matter of restoring justice for the affected Ukrainians and a challenge for the entire civilized world in the struggle to uphold international law and order. In particular, preventing the practice of using war as an unpunished means of resolving interstate disputes and satisfying the ambitions of aggressor states.
Given that these crimes have no statute of limitations and are subject to universal jurisdiction, there is reason to hope that justice will be served to all perpetrators, no matter how long it takes or where they are located.
Vincent Asselino, President of the ECBA, and Marie-Hélène Proulx, President of the International Criminal Court Bar Association, also participated in this panel discussion.
Other sessions of the ECBA Spring Conference discussed the issues of human rights protection, the rule of law and independence of the legal profession.
Last year's conference was devoted to the confiscation and seizure of assets in criminal proceedings, the activities of the European Public Prosecutor's Office, and attorney-client relations.
For reference: The European Criminal Bar Association (ECBA) is an association of independent lawyers from the European Union member states, the Council of Europe, and other countries.
The Association was founded in 1992 and has since become the leading organization of lawyers in Europe. It brings together criminal defense lawyers and criminal law experts in Europe who defend the fundamental rights of persons under investigation, suspects, accused, and convicted persons.
Popular news
Legislation
Proceedings against military personnel following AWOL require clear deadlines — UNBA
A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.
Legislation
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture
Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.
Legislation
Fines for loud exhaust — based on a standardized measurement method — UNBA
Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.
Guarantees of the practice of law
Guarantees for advocacy without protective measures: proposed changes to the codes
The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.
Abroad
Living abroad doesn't sever your ties with Ukraine: what you should check
Moving to another country and even long-term residence abroad does not automatically sever an individual’s legal ties to Ukraine. Tax residency, sole proprietorship status, foreign income, enforcement proceedings, and military registration remain relevant even after relocation.
Legislation
Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision
To prevent the provisions of Article 23 of the Law «On the prosecutor’s office» from being declared unconstitutional again, the proposed amendments contained in the government’s draft law should be clarified.
Educational events
How can an advocate defend a client whose data is processed by the Interpol system?
The absence of a last name on the Interpol website does not necessarily mean that no one is looking for that person. How can you find out exactly what information police databases in 196 countries hold about a client, and does the removal of a record mean that the problems are behind you?
Legislation
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced
The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
