G7 Leaders issued a joint statement of support for Ukraine following a meeting held last week with Ukraine’s President, Volodymyr Zelenskyy. The G7 Leaders rejected the “illegal attempted annexation” of four areas of Ukraine and vowed to step up sanctions against Moscow. The Leaders group warned that they will hold President Putin and those responsible to account, saying,
"We will continue to provide financial, humanitarian, military, diplomatic and legal support and will stand firmly with Ukraine for as long as it takes."
The G7 Leaders stated that their meeting took place following the most recent missile attacks against civilian infrastructure and cities across Ukraine, leading to the death of innocent civilians. The G7 Leaders declared they condemn these attacks in the strongest possible terms and recall that indiscriminate attacks on innocent civilian populations constitute a war crime.
These most recent attacks had hit non-military targets, including a university and children's playground. President Joe Biden said the US “strongly condemns” Russian missile strikes on cities across Ukraine, which demonstrate Vladimir Putin’s “utter brutality” against the Ukrainian people. United Nations chief Antonio Guterres said he was "deeply shocked".
The shift in the Kremlin’s strategy to attacks on civilian areas and infrastructure followed Ukraine’s strike against the strategically and symbolically important Kerch Bridge linking Russia to the annexed Crimean Peninsula. Under the laws of war, civilians cannot be deliberately attacked and nor can the infrastructure that is vital to their survival but what is being done to bring about justice?
In early July of this year, a court in Ukraine jailed 21-year-old Russian tank commander, Sgt Vadim Shishimarin for life for killing a civilian at the first war crimes trial since the conflict began. Sgt Shishimarin admitted shooting 62-year-old Oleksandr Shelipov only a few days after the invasion began. Following the prosecution, Judge Serhiy Agafonov said,
"Given that the crime committed is a crime against peace, security, humanity and the international legal order... the court does not see the possibility of imposing a [shorter] sentence of imprisonment."
On 28 February 2022, the International Criminal Court (ICC) Prosecutor announced he would seek authorisation to open an investigation into the Situation in Ukraine, on the basis of the Office's earlier conclusions arising from its preliminary examination, and encompassing any new alleged crimes falling within the jurisdiction of the Court.
The International Criminal Court (ICC) investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression. It investigates and prosecutes individual war criminals who are not before the courts of individual states.
On 2 March 2022, the ICC Prosecutor announced he had proceeded to open an investigation into the Situation in Ukraine on the basis of the referrals received from a large number of countries including Ireland, the UK, Australia and Canada. In accordance with the overall jurisdictional parameters conferred through these referrals, and without prejudice to the focus of the investigation, the scope of the situation encompasses any past and present allegations of war crimes, crimes against humanity or genocide committed on any part of the territory of Ukraine by any person from 21 November 2013 onwards. The Office of the Prosecutor has established a dedicated portal through which any person that may hold information relevant to the Ukraine situation can contact ICC investigators.
Furthermore, Ukraine's prosecutor general, Iryna Venediktova’s office has undertaken prosecutions against Russian soldiers for offences including killing civilians, rape, bombing civilian infrastructure and looting. Since Russia’s full-scale invasion of Ukraine in late February, the number of war crimes that prosecutors in Ukraine have investigated has risen exponentially. In late May, it was 14,000. By July it had gone up to 23,000, with the office receiving reports of between 200 and 300 war crimes every day. By early October, officials in Ukraine cited the number of documented war crimes committed by Russian troops as 34,000.
As the numbers continue to rise, it remains to be seen whether justice systems both in Ukraine and internationally are robust enough to bring real justice to those affected by the on-going conflict.
What can Irish lawyers do to help?
The Ukraine Bar Association (UBA) is calling for international lawyers to join their Association. Since February 2022, the UBA has stated its mission is to resist Russian aggression against Ukraine on the legal front. UBA urges that foreign participation in their Association would transform the Association into an international, multi-country community of lawyers with a stronger voice.
For more information and to join UBA as an international participant, click here