The Ukrainian Bar Association brings to your attention an interview with Mark Ellis, Executive Director of the International Bar Association (IBA), which he gave to UBA during his visit to Ukraine a month ago.

In the interview, Mark Ellis talked about the projects in Ukraine that IBA is currently working on. In particular, these are war crimes, military offenses, crimes on the environment, asset recovery, promotion of the idea of establishing the Special Tribunal for the crime of aggression against Ukraine. It is also the eyeWitness to Atrocities project — documenting war crimes using a smartphone’s or other gadget’s camera, and a special application. Mark Ellis noted that in no other country where war crimes took place the use of the eyeWitness to Atrocities application has reached such a level as it has in Ukraine.

"I have to say, much of that is to the credit of the UBA for helping us to launch this project here. We already have close to 35,000 pictures and videos [with evidence of war crimes in Ukraine] that have come in. We have representatives in strategic areas in Ukraine — again because of the partnership we have with the UBA, that helps to promote the app and its use. We have support from the Prosecutor General's Office and others. I think, we so far have been part of seven dossiers, that have been given to certain mechanisms, including domestic, but also international ones, the International Criminal Court included," said Mark Ellis.

The IBA Executive Director also touched on the possibility of establishment of a hybrid tribunal for the crime of aggression. He emphasized that some countries advocate the creation of such a tribunal in Ukraine, which would act on the basis of Ukrainian law. However, according to him, there are problems with the need to amend the Ukrainian Constitution and the state immunity, that means the impossibility of holding the Russian political and military leaders accountable by the Ukrainian authorities.

"In my opinion, the UN-supported special tribunal, through a General Assembly resolution that would support the creation of a special tribunal, specific to the war in Ukraine and specifically targeted the Russian leaders, is the best avenue. Some states would be concerned about creating a precedent that would come back and haunt them... But I think a very strong legitimate argument in favor of this tribunal is that this act of aggression committed by Russia and its leaders is the most egregious since World War II," noted Mark Ellis.