Mammadov named four steps to punish war criminals that Ukraine should take

26 May 2022, 21:45 | Ukraine
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To punish war criminals, Ukraine must ensure the accountability of the aggressor, introduce innovative investigative methods, ensure fair conditions and build a juvenile justice system.. This was stated by an expert on international criminal law, candidate of legal sciences, Deputy Prosecutor General of Ukraine in 2019-2021, Prosecutor of the Autonomous Republic of Crimea (2016-2019) Gunduz Mammadov in his article for European Truth.

“From the very first days of the war in Ukraine, many questions arose in the field of international law: will the Russian political leadership be held accountable for aggression, and specific perpetrators for grave crimes; Is it possible to force Russia to compensate for the destruction inflicted on our state; what is the value of international law and international institutions created to prevent aggression? One more thing should be added to them: will the Ukrainian justice authorities be able to bring documented crimes to court sentences and punishments ”, Mammadov noted.

In his opinion, the main steps that Ukraine must take to punish war criminals:.

Step 1. Ensuring the responsibility of the aggressor.

Step 2. Innovative Investigative Techniques: Punish the Perpetrators Without Access to the Crime Scene.

Step 3. Conditions for the exercise of justice.

Step 4. Creation of a juvenile justice system.

Mammadov noted that in less than three months of full-scale aggression, Ukrainian law enforcement agencies opened more than 13 thousand. new proceedings on war crimes and crimes against humanity. At the same time, for the entire period from 2014 to 2022, more than 30 thousand. productions.

" And there are no specialists and technical viability of investigative institutions,” Mammadov stressed..

He added that the Department for Supervision of Crimes Committed in the Conditions of Armed Conflict in the structure of the Office of the Prosecutor General needs to be restructured..

Also, according to the expert, it is important for Ukraine to master the tools for collecting and verifying the digital data of criminals.. This will make it possible to identify the perpetrators without errors, and the evidence will become unquestionable both in Ukrainian and international courts..

Mammadov also stressed the issue of Ukrainian legal proceedings.

“The reform of the judiciary has been going on for years. Meanwhile, Ukrainian courts lag behind the best practices of management in terms of technical support, speed of service, and physical accessibility.. But an effective and trustworthy court is a condition for public peace, growth of business activity and a chance for the realization of Ukraine's European aspirations.. It is quite obvious that after the de-occupation of Ukrainian territories, the issue of legal assessment of the activities of those who voluntarily or involuntarily remained and cooperated with the administrations in the occupied territories will become acute,” Mammadov said..

He is also convinced that Ukraine should implement the Barnahus project for the protection and socio-psychological support in the process of justice of children who have suffered from crimes or witnessed an offense.

[see_also].

Criminal Code will be removed from the Cabinet of Ministers of justice over Russian criminals - Gunduz Mammadov.

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Despite the fact that Kyiv has committed itself to ratify the Rome Statute under the Association Agreement between Ukraine and the EU, the Ukrainian authorities have not yet done so.. Why? How can this affect the international investigation of crimes committed by the Russian military in Mariupol, Kharkiv, Kherson, Bucha, Borodianka, Irpen, Chernigov, Volnovakha and many other cities and villages? Answers to these and other questions - in an interview with ZN. UA of the Deputy Prosecutor General of Ukraine in 2019-2021 Gunduz Mammadov "




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