In response to Russia’s ongoing full-scale aggression against Ukraine, the legal community has once again united its efforts to support the justice system and defend human rights. This was the focus of the public discussion “Justice Under Fire: The Legal Profession’s Role in Ukraine’s Response to Aggression”, held on November 4, 2025, in Toronto.

The event was organized by the Human Rights Institute of the Ukrainian Bar Association (UBA) in cooperation with the International Bar Association (IBA), the Munk School of Global Affairs and Public Policy at the University of Toronto, the Ukrainian Canadian Congress (UCC), the Ukrainian Canadian Bar Association (UCBA), and the Canadian Lawyers for Ukraine initiative, with the support of law firms Aequo, Asters, Avellum, Integrites, LCF, Sayenko Kharenko, Dentons Toronto, and Steeves Bujold in his individual capacity.

The discussion brought together legal professionals from Ukraine and Canada, representatives of government institutions, academia, civil society, and international donors to explore ways to strengthen professional solidarity and reinforce accountability for international crimes.

On the eve of the event, on November 3, 2025, a breakfast discussion titled “Open Ukraine: Justice AND Peace” took place as part of the International Bar Association’s Annual Conference, co-organized by the IBA and the Human Rights Institute of the UBA.

Lawyers play a critically important role in the pursuit of justice — working under shelling, documenting war crimes, and upholding human rights. During the meeting in Toronto, participants discussed key legal challenges amid the ongoing war, the protection of women, children, and displaced persons, legal support for Ukrainian businesses, and Canada’s long-term assistance in advancing legal reforms in Ukraine. The discussion also focused on the importance of international partnership as a vital element in strengthening democratic institutions and reinforcing the legal profession itself.

Opening the event, Mykola Stetsenko, President of the Ukrainian Bar Association (UBA), expressed gratitude to all participants for their support and solidarity — particularly to Canada, which has provided nearly 22 billion USD in assistance to Ukraine since the start of Russia’s full-scale invasion. Mr. Stetsenko emphasized that despite the resilience of Ukraine’s Armed Forces and strong international backing, the war continues posing a threat not only to Ukraine but also to the entire system of international legal order. He underscored that the task of legal communities is to seek common solutions that will strengthen accountability mechanisms, protect human rights, and uphold the rule of law.

Mykola Stetsenko devoted particular attention to the role of the Ukrainian Bar Association (UBA) as a leading organization of Ukrainian legal professionals, which since 2022 has been coordinating international legal initiatives in response to Russia’s aggression. He outlined the Association’s key areas of activity: monitoring war crimes trials, providing assistance to victims, training lawyers in fair trial standards, and advancing the work of the UBA Human Rights Institute. “Our mission — as lawyers and as citizens — is to ensure that justice proves stronger than war,” Mr. Stetsenko concluded.

During the opening of the event, Alexandra Chyczij, President of the Ukrainian Canadian Congress (UCC), expressed gratitude to all partners and organizers for initiating this important discussion on the role of the legal community in times of war. She extended special thanks to the Ukrainian Bar Association, its Human Rights Institute, the International Bar Association (IBA), all event sponsors, and Dentons for their hospitality.

Ms. Chyczij emphasized that Ukraine has been fighting Russia’s full-scale aggression for more than a thousand days — an invasion that Russia expected to conclude in just three. She reminded attendees that Ukraine’s resilience has been made possible by the determination of its people and the unwavering support of international allies. Addressing the legal community, Ms. Chyczij highlighted that, in response to the war crimes committed against civilians, Ukraine is not only defending itself but also shaping a new model of international justice. “We do not simply seek peace — we seek a just peace,” she said, quoting President of Ukraine Volodymyr Zelenskyy.

Natalia Vandervoort, Vice-President of the Ukrainian Canadian Bar Association (UCBA), emphasized the unique atmosphere of the event, which brought together people of diverse professional and personal backgrounds but with a shared commitment to supporting Ukraine. She noted that among the participants were those who had recently arrived from Ukraine as well as others who had never been there, yet were deeply engaged in the conversation about the country’s future. According to Ms. Vandervoort, such openness and diversity are what make the legal community truly strong.

The speaker also spoke about the growth of the UCBA, which now unites more than 300 lawyers across Canada — from British Columbia to Nova Scotia. Its members include specialists in corporate, family, litigation, and international law, representing several generations of Ukrainian Canadians as well as newly arrived Ukrainian legal professionals beginning their careers in Canada. Regardless of experience or origin, they are united by a shared goal — to use their legal expertise to support Ukraine, its people, and the rule of law.

Concluding her remarks, Ms. Vandervoort said: “Slava Ukraini!” — Glory to Ukraine!

Professor Irwin Cotler, Member of the King’s Privy Council for Canada (P.C.), Officer of the Order of Canada (O.C.), Officer of the National Order of Quebec (O.Q.), Honorary Counsel (Ad.E.), former Minister of Justice and Attorney General of Canada, long-time Member of Parliament, and Chair of the Raoul Wallenberg Centre for Human Rights, emphasized in his opening remarks that the central purpose of the event was justice for Ukraine. He praised the professionalism of the Ukrainian Bar Association (UBA) and its Human Rights Institute, expressing gratitude for organizing such a timely and critically important event. Professor Cotler highlighted that ensuring accountability for the crime of aggression against Ukraine has become one of the key priorities of the Raoul Wallenberg Centre’s work, noting that the establishment of a Special Tribunal for the Crime of Aggression stands as one of the most significant achievements in recent years.

He also drew attention to the need to prosecute other international crimes stemming from the act of aggression — including war crimes, crimes against humanity, and genocide. Among these, he underscored the deportation of Ukrainian children, sexual violence against women, and other mass atrocities that must not go unpunished. Professor Cotler further stressed the importance of repurposing frozen Russian assets to finance reparations and compensation for Ukraine, emphasizing that the pursuit of justice must remain a shared moral and political priority for the international community.

Prof. Michael Byers, University of British Columbia, Co-Director of the Outer Space Institute, in his keynote address reflected on the profound challenges facing international law as a result of Russia’s aggression against Ukraine. He reminded attendees that international law — the system created by states to regulate their relations — is now undergoing one of its most serious tests. Despite Russia’s blatant violations of international norms and the paralysis of the United Nations Security Council, Professor Byers emphasized: “Ukraine remains a sovereign, independent, and democratic state — thanks to the courage of its people and the support of other democratic nations that provide weapons, funding, intelligence, and impose sanctions against the aggressor.” According to him, these actions represent a practical enforcement of international law, even in the face of a nuclear-armed power.

He also outlined the critical role of international judicial institutions — including the International Criminal Court (ICC), the International Court of Justice (ICJ), and the newly established Special Tribunal for the Crime of Aggression against Ukraine — in ensuring future accountability for Russian leaders. Professor Byers cited numerous examples of Russia’s war crimes, including torture, the killing of civilians, the deportation of children, and deliberate attacks on civilian infrastructure, underscoring that impunity must never become an acceptable norm. He further stressed the importance of sanctions, diplomatic isolation, and modern technologies — from the freezing of assets to satellite intelligence — as effective tools for enforcing compliance with international law.

The Role of the Legal Profession During the War in Ukraine

The panel discussion on the legal profession amid the war in Ukraine was moderated by Stéphane Siohan, journalist, author, and documentary producer who has lived in Kyiv for over a decade. He emphasized that the war has become not only a test for the state but also a test for the very essence of justice. According to him, Ukraine’s legal community now stands on the front line of the fight for accountability for international crimes — working in damaged courthouses, documenting evidence under fire, and defending the rule of law every single day.

The moderator noted that despite destruction and limited resources, Ukrainian lawyers continue their work, steadily restoring justice case by case. One of the greatest challenges, he stressed, is aligning national investigations with international mechanisms, since only the joint efforts of the global legal community can ensure real accountability for the crimes committed against Ukraine.

Andriy Kostin, Ambassador Extraordinary and Plenipotentiary of Ukraine to the Kingdom of the Netherlands, Prosecutor General of Ukraine (2022 - 2024), outlined the key directions of Ukraine’s work in restoring justice. He presented the model known as the “Web of Accountability,” which consists of five interrelated components. Among them are national investigations — with over 190,000 registered war crimes — as well as specialization in cases involving children, conflict-related sexual violence, environmental crimes, and the destruction of cultural heritage. He also highlighted Ukraine’s active cooperation with international legal institutions, particularly the International Criminal Court (ICC), which in 2023 issued arrest warrants for Vladimir Putin and Maria Lvova-Belova.

Ambassador Kostin paid special attention to the initiative of establishing a Special Tribunal for the Crime of Aggression against Ukraine, which he described as a crucial mechanism to fill the existing gap in international law. He stressed that the crime of aggression is the root cause of the mass war crimes and crimes against humanity committed in Ukraine, making its prosecution a matter of principle. Despite early skepticism, Ukraine succeeded in bringing more than 40 countries into the discussion and has signed an agreement with the Council of Europe. Kostin emphasized that the tribunal must ensure accountability not only for Russia’s top political leadership but also for military and other state officials involved in these crimes.

Discussing the system of reparations and compensation, Kostin noted that the Register of Damage is already operating in The Hague, and that following the December ministerial conference, an International Claims Commission will be established to decide on compensation for victims, including through the use of frozen Russian assets. Concluding his remarks, he underlined that the fight for justice is a marathon, not a sprint — and that Ukrainians should already begin to see tangible results of this work. “United for justice — we will prevail,” the speaker concluded.

During his address, Mark Ellis, Executive Director of the IBA, member of the Supervisory Board of UBA’s Human Rights Institute, emphasized that the establishment of the Special Tribunal for the Crime of Aggression against Ukraine represents a moment of truth for international justice. He underscored that if the international community fails to prosecute the core crime — the crime of aggression that gave rise to all other atrocities — then the entire system of international law loses its meaning. According to Dr. Ellis, it is essential at this stage to continue demonstrating commitment and persistence — to “show up” in this fight despite fatigue and the protracted nature of the war.

The speaker shared that the IBA has implemented over 280 initiatives aimed at supporting Ukraine and ensuring accountability for Russia’s crimes. He outlined the four pillars of the international justice model: domestic prosecutions, the role of the International Criminal Court (ICC), universal jurisdiction, and the Special Tribunal for the Crime of Aggression. Ellis stressed that domestic proceedings in Ukraine remain the most critical, noting that Ukraine has become a pioneer in conducting war crimes trials during an ongoing conflict. The integrity and quality of these proceedings, he added, will shape the country’s international reputation after victory.

Discussing the practical aspects of launching the tribunal, Ellis explained that a compromise format was necessary to secure the support of the G7 countries. A decision has recently been made to proceed with a phased approach — beginning with an “advance stage,” followed by a “skeleton structure,” and eventually evolving into a fully operational tribunal. This approach, he said, allows justice mechanisms to start functioning more swiftly and to involve a broader range of participating states. Concluding his remarks, Mark Ellis emphasized that the most crucial factor remains the actual apprehension of suspects, as no tribunal can have true authority without the political will of states to enforce its decisions.

Jennifer Trahan, Professor at NYU's Center for Global Affairs, Convenor of the Global Institute for the Prevention of Aggression, focused her remarks on the origins and evolution of the crime of aggression — tracing its development from the Nuremberg Tribunal to modern international justice mechanisms. She reminded participants that it was in the aftermath of World War II that the principle of individual criminal responsibility for aggression was established, while Article 2(4) of the UN Charter prohibited the use of force against sovereign states. However, despite Ukraine’s ratification of the Rome Statute, the International Criminal Court (ICC) does not have jurisdiction to prosecute the crime of aggression in the case of Russia’s invasion. This, she emphasized, reveals a serious gap in the current system of international law.

Professor Trahan noted that the creation of the Special Tribunal for the Crime of Aggression against Ukraine, initiated by Ukraine in partnership with the Council of Europe, represents an important step forward. While acknowledging that the mechanism is not perfect and includes compromise provisions, particularly regarding immunities of senior officials, she stressed that it provides a real and practical path to accountability. In her words: “It is better to have an imperfect tribunal that works than a perfect one that never starts.”

The expert also emphasized that Russia’s aggression is not merely a problem for Ukraine or Europe, but a challenge to the entire system of international security. The violation of Article 2(4) of the UN Charter by a permanent member of the UN Security Council, she warned, creates a dangerous precedent for all states. Therefore, Professor Trahan urged countries beyond Europe to support the Special Tribunal for the Crime of Aggression — politically, financially, and through participation in international initiatives aimed at closing the jurisdictional gaps surrounding the prosecution of this crime.

In his remarks, Mykola Stetsenko, President of the Ukrainian Bar Association (UBA), highlighted that nearly 190,000 war crimes cases are currently under investigation in Ukraine — a number that continues to grow. He underscored the unique nature of this situation, noting that Ukraine is the only country in the world conducting such investigations during an active phase of war. Mr. Stetsenko praised the dedication of prosecutors and judges, who continue their work even after nightly attacks, ensuring impartial proceedings. He also stressed the importance of recognizing the human element in the justice process — the resilience and emotional strain of those who uphold the rule of law under constant threat.

The President of the Ukrainian Bar Association presented the results of the three stages of monitoring war crimes trials conducted by the Association. Between 2023 and 2025, UBA monitors attended over 1,200 court hearings across more than 460 criminal proceedings throughout Ukraine and analyzed dozens of court rulings. Based on these observations, a series of recommendations were developed — in particular, emphasizing the importance of ensuring the right to defense, which must remain guaranteed even in trials held in absentia. Mr. Stetsenko also drew attention to the moral pressure faced by defense attorneys who take on cases involving suspects accused of war crimes, urging the public to maintain respect for the principle of the rule of law.

Among the ongoing challenges, the speaker noted the shortage of judges, the heavy workload of courts, and the formalized and often inefficient procedures for notifying defendants via official publications. Nevertheless, Ukraine’s judicial system continues to function steadily, with gradual improvements in quality and efficiency. Concluding his remarks, Mykola Stetsenko called on other states to apply the principle of universal jurisdiction more actively in cases related to crimes committed in Ukraine, stressing that such actions would strengthen the global accountability system and help ensure that all perpetrators of war crimes are brought to justice.

The Impact of War on Civilians, Children, and Women: Gaps in Legal Protection Mechanisms

Panel moderator Darcia Senft, advisor to Conflict and Resilience Research Institute Canada, opened the discussion by introducing the initiative Canadian Lawyers for Ukraine, which she described as an example of professional solidarity among lawyers united by a shared commitment to support Ukraine. She explained that the group began as an informal network of legal professionals but was later formally established to more effectively coordinate support for Ukrainian initiatives and strengthen international legal cooperation.

Darcia Senft also shared her personal story — after 36 years of legal practice in Canada, including 28 years as General Counsel at the Law Society of Manitoba, she decided to shift her professional focus. It was the war in Ukraine, she said, that motivated this change: to pursue advanced academic training and to dedicate her work to human rights protection in times of war.

Alisa Kovalenko, Ukrainian filmmaker and a servicewoman of the Armed Forces of Ukraine, spoke about the first and most critical step in protecting survivors of conflict-related sexual violence — identifying the victims. She shared her own story, recalling that in 2014, during her captivity in Donbas, she was sexually assaulted by a Russian officer and became the first woman to testify publicly about conflict-related sexual violence. Ms. Kovalenko emphasized that at that time, such crimes were silenced both in society and within law enforcement, a culture of stigma and denial that began to break only after she and others founded the NGO FIRST, which unites survivors of conflict-related sexual violence in Ukraine.

She explained that the organization conducts awareness and educational projects in communities — particularly in liberated and frontline areas — to explain that conflict-related sexual violence is not limited to rape. It also includes sexualized torture, forced humiliation, and even witnessing acts of sexual violence. The uniqueness of FIRST’s approach, Ms. Kovalenko noted, lies in the fact that the lectures are led by survivors themselves, who share their personal experiences and demonstrate the power of recovery. This peer-to-peer model, she emphasized, helps others find the courage to speak out and begin their own healing journey.

Alisa Kovalenko stressed the need for a societal shift in perception and language, urging people to stop labeling survivors as “victims,” as this reinforces a sense of helplessness. Instead, she called for building a comprehensive support system that provides psychological, social, legal, and economic assistance. “We are not victims — we are survivors, and even more than that, we are victors,” she concluded. “Because the very fact that you survived means you have already defeated your abuser.”

Andrii Ovsiienko, Representative of the Parliamentary Commissioner for Human Rights for the Judiciary System, presented updated data on investigations of war crimes and conflict-related sexual violence. He reported that 19 Russian servicemen have personally appeared before Ukrainian courts, thanks to the work of the Armed Forces of Ukraine, which succeeded in capturing and transferring them for trial. To date, 385 cases of conflict-related sexual violence have been officially registered — 243 involving women and 142 involving men. In total, 92 Russian soldiers have been formally charged, and 21 have been convicted, though all sentences were delivered in absentia.

Mr. Ovsiienko emphasized that survivors of sexual violence require urgent and comprehensive assistance. Since 2024, Ukraine has been implementing a major international project aimed at providing reparations to survivors. So far, over 1,200 applications have been submitted, and 941 individuals have already received compensation. A crucial milestone, he noted, was the adoption of the Law of Ukraine “On the Legal and Social Protection of Persons Affected by Conflict-Related Sexual Violence,” which entered into force in June 2025.

At the same time, he stressed that as the war continues, the number of victims continues to grow daily, and the Ukrainian government is seeking additional resources to ensure fair reparations and sustained support for all those affected. Mr. Ovsiienko expressed gratitude to international partners, particularly Canada, for their contribution to strengthening human rights protection mechanisms and their involvement in the International Coalition for the Return of Ukrainian Children, underlining that only joint efforts can restore justice for the victims of war.

Dr. Ewelina Ochab, senior lawyer of the Human Rights Institute of the International Bar Association (IBAHRI), devoted her address to the issue of genocide, emphasizing the need for political recognition of the risk of its commission and the duty of states to take preventive action in accordance with the Convention on the Prevention and Punishment of the Crime of Genocide. She highlighted that governments often avoid using the term “genocide,” waiting instead for judicial determinations. However, as underscored by the International Court of Justice (ICJ) in the case Bosnia and Herzegovina v. Serbia and Montenegro (2007), states are obligated to act when there is a serious risk of genocide, not after a court has legally confirmed it. Waiting for such confirmation, Dr. Ochab noted, means responding too late — once the atrocity has already occurred.

In the context of the war in Ukraine, Dr. Ochab recalled that as early as 2022, together with Lord Alton, she publicly warned of genocidal elements in Russia’s actions. She referred to the findings of the New Lines Institute, which identified that the forcible deportation of Ukrainian children, sexual violence, torture, and other actions committed by Russian forces exhibit all the constituent elements of genocide as defined by the 1948 Genocide Convention. According to her, the international community has yet to give proper recognition to these crimes as genocide, continuing instead to classify them narrowly as war crimes or crimes against humanity.

In conclusion, Dr. Ewelina Ochab stressed that the prevention of genocide is not only a legal but also a political and economic obligation of states. Governments, she argued, must not only acknowledge the risks but also end any actions that could facilitate genocide — including financing or trading with the aggressor. She also underscored corporate accountability, recalling the cases against BNP Paribas in the United States and Lafarge in France, where companies were accused of financing criminal regimes. Dr. Ochab concluded by calling for more active international engagement in identifying, investigating, and preventing genocide in Ukraine.

Inna Liniova, Director of the Human Rights Institute of the Ukrainian Bar Association, emphasized that transitional justice must become one of the key tools for Ukraine’s recovery after the war. She highlighted that its purpose is not only to hold perpetrators accountable but also to ensure social cohesion and prevent future conflict, balancing justice with humanitarian and psychological considerations. According to Ms. Liniova, such an approach will help avoid the mistakes that have complicated post-conflict recovery in Bosnia and Sudan.

Inna Liniova drew attention to the sensitive issue of proceedings against individuals from temporarily occupied territories who are suspected of collaboration. She urged a careful and balanced assessment of each case, stressing the importance of distinguishing between those who acted under duress or sought to help others survive and those who were genuine collaborators. “A misguided policy could alienate residents of the occupied territories and hinder their reintegration into post-war Ukraine,” she cautioned.

Among the key priorities for the Institute’s future work, Ms. Liniova identified two main directions: first, the development of a comprehensive transitional justice strategy encompassing accountability, the right to truth, reparations, guarantees of non-recurrence, and the right to memory; and second, an assessment of the war’s impact on vulnerable population groups to ensure these findings inform state policy, particularly in the social and economic spheres.

She also emphasized the need to support the legal community — judges, lawyers, and prosecutors — especially in regions with limited access to international human rights expertise. Concluding her speech, Ms. Liniova invited participants to engage with the UBA Human Rights Institute’s initiatives and take part in its educational programs and professional events.

Professor Marci Shore, Chair in European Intellectual History at the Munk School of Global Affairs & Public Policy, also addressed the audience during the event. In her remarks, she turned to the historical lessons of the Second World War, underscoring the responsibility of the international community to act in response to mass human rights violations and crimes against humanity. Her intervention served as a reminder of the importance of solidarity, resolve, and decisive action when facing the challenges confronting Ukraine today.