On June 1, 2023, Inna Liniova, Chief Executive Officer of the Ukrainian Bar Association, remotely participated in the annual conference of the Norwegian Bar Association. She devoted her speech to the functioning of the justice sector in Ukraine during a full-scale war.

The UBA CEO emphasized that full-scale Russian aggression against Ukraine had a grave impact on the system of international law and order, but also on the Ukrainian justice system. At the same time, she explained in detail what measures, in the opinion of the Ukrainian legal community, must be undertaken to restore the rule of law in Ukraine and the region.

The first such measure is to ensure safe and efficient administration of justice in atrocity cases in Ukraine by supporting the national law-enforcement authorities and courts. Inna Liniova noted that, according to the Prosecutor General’s Office, more than 100,000 cases on war crimes and crimes against national security are currently under investigation, thousands of such cases have already been transferred to courts and their number is increasing.

"The judiciary has to absorb and process such cases quickly and efficiently. It would be a challenging task even in peaceful times, not to mention the state of constant shelling," stressed Ms. Liniova.

She added that the situation is complicated by the damage caused by the war to the judicial infrastructure (destruction, damage, looting of court buildings in the areas of hostilities, etc.), the absence of electronic court, and under-financing of the judiciary.

Under such extremely difficult circumstances, the Ukrainian judicial system must demonstrate to the world that it is capable not only of delivering justice, but of delivering it fairly, unbiasedly and transparently, Inna Liniova emphasized. She added that the UBA is currently working on monitoring judicial proceedings in war crimes cases so as to identify the trends in judicial practice and to remedy any shortcomings at an early stage.

"Support of the international community in monitoring a full range of war-related categories of cases and covering the whole territory of Ukraine and the whole duration of proceedings would create an objective picture with regard to the quality and efficiency of justice. In the long perspective, it will lead to the transformation of the Ukrainian judiciary and to boosting national human rights protection mechanisms," summed up the UBA CEO.

The second measure to restore the rule of law in Ukraine should be support for legal aid and functioning of the bar. According to Inna Liniova, the Ukrainian legal aid system now is engaged in criminal cases initiated against Russian soldiers, and in cases of IDPs who require assistance. Key national stakeholders, as well as international donors, also provide legal assistance to victims and witnesses of war crimes, although such support requires good coordination and centralization.

The UBA CEO said that the Association not only helps victims of war crimes, but also provides pro bono legal assistance to any Ukrainian citizens affected by the Russian aggression. Since the beginning of the full-scale war, the UBA Hotline has processed almost 6,000 requests; the most common questions include migration and mobilization, social security, labor relations, and others.

"We see that advocates, as well as judges and prosecutors, require professional training and a centralized information hub to refer to. In addition, specialization of advocates and targeted trainings are needed, in particular in order to address the gravest crimes, for example, sex crimes," Inna Liniova emphasized.

The UBA CEO called the establishment of the Special Tribunal for the crime of aggression against Ukraine the third important step towards ensuring justice. She emphasized that, as of now, there is no international or domestic court or tribunal that could try Russia's top political and military leadership for committing the crime of aggression, while the creation of a special tribunal would close this gap.

Inna Liniova emphasized that the best model envisaged is the creation of UN-based tribunal: thanks to the mandate of this organization, such a tribunal will be able to prosecute and try sitting presidents, there will be no legitimacy concerns, and the enforcement of its judgments will be obligatory for the UN member states. The UBA CEO reminded that the creation of such tribunal has already been supported by a number of international organizations, national governments and legal associations of the world.

The fourth step in restoring the rule of law in Ukraine and the region is to compensate Ukrainians, Ukrainian and international businesses, government institutions and the environment for all damages caused by Russian aggression. This must be the inevitable consequence of the aggression, Inna Liniova stressed.

She reminded that Ukraine has already put in a claim before the International Court of Justice for reparations for losses caused by the aggression, and the Register of Damages has been established in The Hague, which will be launched soon. Simultaneously, a number of legal actions must be taken as soon as possible to ensure accountability of further damage compensation procedures, such as a thorough audit of all property of Russia, Russian state-owned companies, and affiliated persons, identifying and freezing all assets of the aggressors, etc., the UBA CEO noted.