Under the general guidance and support of the USAID Justice for All Program , in cooperation with the Coordination Center for Free Legal Aid , the Ukrainian Bar Association , and experts from the International Bar Association, a guide for lawyers “Defense in War Crimes Cases” has been developed.
The handbook was developed by renowned international experts, including Judge Alphonse Ory, Michael Kelly, Michael Scharf, Elsa Willi, Nathalie von Wistinghausen, Sarah Dill, Milen Dimitri and Silvia de Bertodano . The handbook is designed to provide lawyers with practical tools to defend accused persons in war crimes cases, ensuring compliance with the principles of the rule of law and justice.
Contents and features of the manual
The manual provides up-to-date information on national and international legislation , as well as practical advice on developing a defense strategy, investigating, working with witnesses, and preparing legal arguments . The methodology of the document is designed to provide high-quality legal assistance in wartime and the prosecution of war crimes.
The main sections of the guide cover the following topics:
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Legislation: An overview of international norms and national legislation governing war crimes cases.
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Defense Strategies: Practical guidance on building defenses, including challenging evidence, filing appeals, and defending the client at all stages of the process.
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Procedural aspects: How to behave properly during interrogations, investigations, and court hearings.
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Working with witnesses: Methods of interrogation and countering testimony that do not meet the requirements of objectivity and fairness.
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Psychological aspects: Recommendations for lawyers’ work in stressful conditions and interaction with victims.
Practical examples and recommendations from the manual
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Team responsibility. The manual provides an explanation of the principles of command responsibility and the possibility of protecting clients accused of war crimes through inaction or dereliction of duty.
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Use of evidence. Recommendations for challenging improper evidence and building legal arguments to reduce or drop charges.
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Working with international courts. Practical advice for lawyers involved in international litigation, including the International Criminal Court.
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Collaboration with other lawyers. Guidelines for organizing teamwork to ensure maximum protection effectiveness.
The importance of the manual for lawyers and the justice system of Ukraine
This manual is an important tool for ensuring professional and high-quality defense in war crimes cases. It helps lawyers work according to international standards of justice, creating new opportunities for the proper defense of individuals accused of such crimes.
The document also contributes to strengthening Ukraine’s legal system, which is especially relevant in the context of the ongoing war and the country’s attempts to integrate into the European community.