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On the first anniversary of the Russian invasion of Ukraine, Mark Guthrie looks at progress on prosecuting Russia’s war crimes and useful lessons to be learnt from the courts of Bosnia and Herzegovina
One year of war in Ukraine has seen the country demonstrate not only its military capacity and resilience, but also its commitment to the rule of law.
As soon as the war began and the nature of the destruction which Russia inflicted on the people of Ukraine became apparent so did discussion of the prosecution of perpetrators of war crimes.
The Prosecutor General of Ukraine began the investigation of war crimes and there has been at least one prosecution of a low-ranking soldier for war crimes. At the international level the International Criminal Court has sent a team to Ukraine and has indicated it is prepared to prosecute war crimes arising out of the conflict. In addition, there has been discussion of establishing a special tribunal to prosecute Russia for the crime of aggression. International assistance has been given to Ukrainian investigators and prosecutors.
However, the reality is that the prosecution on a large scale of the perpetrators of war crimes is unlikely to take place until after the end of the war and upon a significant change in political circumstances.
The fact that Vladimir Putin and senior Russian military officials are in Russia and are likely to remain there is an obstacle to their prosecution. However, that is not to say that Putin and his military leaders will not be prosecuted. It is not impossible that, in the future, circumstances will lead to their prosecution.
This time should be used to devise a strategy as how war crimes committed in Ukraine are investigated and prosecuted effectively and efficiently. There are some useful lessons to be learnt from the investigation and prosecution of war crimes committed during the 1992-95 war in Bosnia Herzegovina.
The International Criminal Tribunal for the former Yugoslavia (ICTY) attracted much attention for its prosecution of high-profile figures such as Radovan Karadzic and Ratko Mladic. But less well known and recognised has been the role of the courts of Bosnia and Herzegovina in the prosecution of war crimes.
The ICTY transferred some of its cases to the Court of Bosnia and Herzegovina (the ‘Court BiH’). Since the ICTY completed its case load, the Court BiH has had sole jurisdiction over the prosecution of war crimes. However, it has transferred some of the less complex cases to local courts across the two entities of Bosnia Herzegovina.
Nearly 30 years after the end of the war in Bosnia and Herzegovina, many war crimes cases have yet to be prosecuted. No one should expect an early end to the investigation and prosecution of war crimes arising out of the Ukrainian conflict.
The lessons to be learnt are as follows:
Pictured above: Ukrainian President Volodymyr Zelensky with Speaker of the House of Commons, Sir Lindsay Hoyle and Speaker of the House of Lords, Lord McFall during Zelensky's visit to London on 9 February 2023.
One year of war in Ukraine has seen the country demonstrate not only its military capacity and resilience, but also its commitment to the rule of law.
As soon as the war began and the nature of the destruction which Russia inflicted on the people of Ukraine became apparent so did discussion of the prosecution of perpetrators of war crimes.
The Prosecutor General of Ukraine began the investigation of war crimes and there has been at least one prosecution of a low-ranking soldier for war crimes. At the international level the International Criminal Court has sent a team to Ukraine and has indicated it is prepared to prosecute war crimes arising out of the conflict. In addition, there has been discussion of establishing a special tribunal to prosecute Russia for the crime of aggression. International assistance has been given to Ukrainian investigators and prosecutors.
However, the reality is that the prosecution on a large scale of the perpetrators of war crimes is unlikely to take place until after the end of the war and upon a significant change in political circumstances.
The fact that Vladimir Putin and senior Russian military officials are in Russia and are likely to remain there is an obstacle to their prosecution. However, that is not to say that Putin and his military leaders will not be prosecuted. It is not impossible that, in the future, circumstances will lead to their prosecution.
This time should be used to devise a strategy as how war crimes committed in Ukraine are investigated and prosecuted effectively and efficiently. There are some useful lessons to be learnt from the investigation and prosecution of war crimes committed during the 1992-95 war in Bosnia Herzegovina.
The International Criminal Tribunal for the former Yugoslavia (ICTY) attracted much attention for its prosecution of high-profile figures such as Radovan Karadzic and Ratko Mladic. But less well known and recognised has been the role of the courts of Bosnia and Herzegovina in the prosecution of war crimes.
The ICTY transferred some of its cases to the Court of Bosnia and Herzegovina (the ‘Court BiH’). Since the ICTY completed its case load, the Court BiH has had sole jurisdiction over the prosecution of war crimes. However, it has transferred some of the less complex cases to local courts across the two entities of Bosnia Herzegovina.
Nearly 30 years after the end of the war in Bosnia and Herzegovina, many war crimes cases have yet to be prosecuted. No one should expect an early end to the investigation and prosecution of war crimes arising out of the Ukrainian conflict.
The lessons to be learnt are as follows:
Pictured above: Ukrainian President Volodymyr Zelensky with Speaker of the House of Commons, Sir Lindsay Hoyle and Speaker of the House of Lords, Lord McFall during Zelensky's visit to London on 9 February 2023.
On the first anniversary of the Russian invasion of Ukraine, Mark Guthrie looks at progress on prosecuting Russia’s war crimes and useful lessons to be learnt from the courts of Bosnia and Herzegovina
Far-ranging month for the Chair of the Bar
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
The case against judge-only justice – and why efficiency is not enough. By Professor Leslie Thomas KC
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett
Chair of the Bar reports back