Continuation of the project on monitoring proceedings and analysing decisions in war crimes cases

The Ukrainian Bar Association (UBA), the UBA Human Rights Institute, the International Bar Association (IBA), the IBA’s Human Rights Institute (IBAHRI), together with the EU Project "Pravo-Justice" implemented by Expertise France, continue the implementation of the project “Monitoring of Judicial Proceedings and Analysis of Court Decisions in War Crimes Cases (under Article 438 of the Criminal Code of Ukraine).”

Since the beginning of the full-scale armed aggression of the Russian Federation against Ukraine, the issue of accountability for war crimes has gained particular significance — both for the victims and for the state, which is obliged to ensure justice and protect human rights in the context of war. Under these circumstances, Ukraine’s judiciary not only performs its constitutional function of administering justice, but also shapes the basis for combating impunity, restoring trust in institutions, and strengthening Ukraine’s international reputation as a state governed by the rule of law. The quality and openness of justice in war crimes cases largely determine how the state’s capacity to protect human rights during wartime is perceived, as well as the level of confidence in its international obligations.

Since July 2023, the Ukrainian Bar Association (UBA) has been implementing an initiative to monitor court hearings and analyse judicial decisions in war crimes cases, focusing specifically on proceedings under Article 438 of the Criminal Code of Ukraine.

In 2023–2024, this activity was carried out in cooperation with the USAID Human Rights in Action Program, implemented by the Ukrainian Helsinki Human Rights Union (UHHRU).

The third phase of the Project covered the period from November 2024 to June 2025. Until 27 January 2025, it was implemented with the support of the American people provided through the United States Agency for International Development (USAID) under the Justice for All Program. After a two-month pause in February–March 2025, the activity was resumed with the support of the EU Project "Pravo-Justice" implemented by Expertise France.

The fourth phase was launched with the support of the International Bar Association (IBA) and the EU Project "Pravo-Justice" implemented by Expertise France and the International Bar Association (IBA).

Within the framework of the project, it is planned to:

  • Continue monitoring court hearings with a focus on compliance with the right to a fair trial. At this stage, the analysis has also been expanded to include issues related to violations of international humanitarian law (IHL).

  • Continue the ongoing analysis of judicial decisions delivered under Article 438 of the Criminal Code of Ukraine.

  • Conduct an information and outreach campaign on guarantees of the right to defence.

The continuation of the project is an important step toward ensuring transparency, quality, and compliance of judicial proceedings in war crimes cases with international standards. The UBA team will continue to work to ensure that systematic monitoring, professional analysis, and broad communication of the results contribute to strengthening the rule of law and enhancing trust in the Ukrainian justice system — both domestically and among international partners.

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