Ukraine is objectively unable to cope with the tribunal over Russia on its own - ex-deputy prosecutor general

15 August 2022, 13:39 | Policy
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The Ukrainian justice system is not able to independently cope with the need to investigate the crimes of Russia and its citizens on the territory of Ukraine, says in his article for ZN. UA "

“This is really a challenge, because in our investigation bodies there are not so many people with high expertise in the investigation of international crimes, and the number of registered crimes is growing day by day,” he points to one of the reasons.

In particular, the relevant department in the Office of the Prosecutor General was created only in 2019, and before that Ukraine did not systematically investigate serious violations of international humanitarian law at the state level..

Thus, most employees do not have experience with international legal instruments and do not understand the peculiarities of collecting evidence in armed conflict or without access to a crime scene..

“And here the international element can help us: the involvement of judges, prosecutors, investigators, experts with many years of experience in dealing with international crimes,” said the former Deputy Prosecutor General.

Mammadov also notes that since February 24, the number of war crimes and aggression registered by the justice authorities is already approaching 30,000..

“Obviously, the national justice system will not be able to cope with such a scale. In my opinion, a worthy response to this challenge is a hybrid justice mechanism,” he suggests a way out of the situation..

The hybrid mechanism of justice combines national and international elements at several levels:

investigation, prosecutorial supervision, judicial practice. This will create an opportunity for Ukraine not only to punish the perpetrators of international crimes, but also to build an effective system of justice within.

At the same time, there is no longer any need to bring Russia's direct involvement in crimes, as it was from 2014 to 2022, since its participation in the war and the international level of the conflict are already undeniable.

Read more articles by Gunduz Mammadov at the link.




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