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
Guarantees of the practice of law
Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova
Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.
Self-government
Efforts to develop advocacy must be brought to fruition — A. Misyats
The Ukrainian advocacy profession is currently going through a critical phase. Amid the war, it must ensure the continuity of legal aid, defend the independence of the profession, and improve qualification and disciplinary procedures in accordance with European standards. The work that has been started must be brought to a practical conclusion.
Support
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA
On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.
Educational events
Tax residency of Ukrainians abroad: what matters
The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.
War
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience
The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.
Legal defence of military personnel
Payments to military personnel require clear and uniform criteria — UNBA Committee
The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.
Discussion
Finding them isn't enough: issues surrounding the seizure and return of crypto assets
The technical structure of transactions does not automatically identify the person who controlled the crypto wallet, and courts have reached differing conclusions on whether a digital asset can be seized as physical evidence. So how can one prove ownership of such assets, enforce court orders, and return funds to victims?
Legislation
The UNBA will prepare guidelines on lawyers' requests
By the end of 2026, the UNBA Committee on the prevention of administrative offenses committed against advocates will develop guidelines on drafting advocate inquiries and responding to refusals to provide information. There are also plans to standardize the practice of applying Article 212-3 of the Code of Administrative Offenses.
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