Global Rights Compliance (GRC), with the support of the UK Foreign, Commonwealth and Development Office, organised its third international crimes Mock Trial in Kyiv. The practice-based event brought together investigators, prosecutors, defence counsel, victim counsel, judges, and journalists from across Ukraine for a realistic simulation of an international crimes trial.
This year’s case focused on coercive actions of occupation authorities against individuals perceived as hostile to Russia’s attempted annexation of Ukrainian territory, and the resulting displacement of such civilians from occupied regions, conduct that may constitute the crime against humanity of deportation. The case involved a senior official alleged to bear responsibility for occupation policies affecting diverse groups of victims across a broad geographical area.
During opening remarks, Yurii Rud, Head of the Department for Counteracting Crimes Committed in Armed Conflict Conditions at the Prosecutor General’s Office, highlighted the scale of deportation and other forced displacement cases documented by Ukrainian authorities:
“Within the framework of criminal proceedings, more than 15,000 civilians who were subjected to deportation or forcible transfer have already been identified. More than 13,000 of them are adults.”
James Ford, Deputy Head of Mission at the UK Delegation to the Organisation for Security and Co-operation in Europe (OSCE), emphasised the importance of accountability efforts in the context of Russia’s ongoing aggression against Ukraine:
“Thank you to all of you for the work that you’re doing to enable accountability for Ukraine and for Ukrainians. Accountability for the crimes that Russia, the Russian officials, and Russian soldiers have committed and are committing in Russia’s war of aggression against Ukraine. The UK is clear that accountability must sit at the heart of any peace, any settlement in Ukraine.”
Wayne Jordash KC, President of GRC, highlighted the value of collaboration between Ukrainian and international experts, as well as representatives of state institutions and civil society, in advancing accountability efforts:
“The diversity of expertise represented in this room, foreign and Ukrainian, institutional and civil society, is one of the greatest strengths of this initiative. Through open discussion, constructive challenge, and collective learning, we contribute not only to stronger cases but to stronger institutions and greater public confidence in the justice process itself.”
Arkadii Bushchenko, Judge of the Criminal Cassation Court within the Supreme Court, shared his perspective on how judges may approach the review of complex international crimes cases:
“For me, this is also a new area, but I can share with you how the Supreme Court will view certain facts and particular legal positions. We can take a glimpse behind the scenes and consider what thoughts and considerations may arise for Supreme Court judges when they review such cases.”
Over the course of two days, participants examined both procedural and substantive challenges linked to international crimes cases. Discussions covered the examination and admissibility of evidence, fair trial rights, and potential grounds for excluding criminal responsibility. Participants further analysed the crime against humanity of deportation, including challenges in proving contextual elements, forced displacement within a coercive environment, and the modes of liability and mental elements applicable to high-level perpetrators.
Former ICC and ICTY judge Sir Howard Morrison KC stressed the importance of fair trial guarantees even in times of war:
“Fair trials are a measure of any society, and it’s very heartening to see Ukraine, in spite of the suffering that’s happened, in spite of the awful unlawfulness which has been perpetrated upon the country and the citizens, it’s a measure of the resilience and courage and ethical nature of Ukraine and Ukrainians that fair trials are still an essential part of the process.”
The first day also featured a side-event, organised by the Institute for War and Peace Reporting (IWPR), on the role of the media, in covering accountability proceedings and ensuring responsible reporting on complex international crimes.
“Reporting on accountability is also part of the journalist’s role. It is important to show that war crimes have no statute of limitations. We understand that many proceedings are currently taking place in absentia, which can be a sensitive issue for society. Journalists have a responsibility to explain why trials in absentia matter and why they remain an important part of the justice process,” said Olha Holovina, editorial coordinator of IWPR’s Ukraine Justice Report.
The Mock Trial concluded with closing submissions from both the prosecution and defence, providing participants with an opportunity to test legal strategies and deepen their understanding of the practical and doctrinal challenges involved in prosecuting crimes against humanity.
Overall, around fifty participants from different regions took part in the event. According to Jeremy Pizzi, legal advisor at GRC, it is important to conduct such training starting now.
“Russia’s criminal conduct against Ukrainians is largely the product of deliberate plans and policies. The case we modelled precisely reflects that, moving beyond low-level, single-instance criminality. Learning how to handle the prosecution of crimes against humanity cases featuring high-ranking perpetrators supports the Ukrainian justice system in conducting future real trials of this scale. This is an important step in this justice journey, allowing Ukrainian authorities to show, beyond a reasonable doubt, the responsibility of Russia’s highest military and political leadership for the systems of criminality they have unleashed upon Ukraine,” Pizzi stressed.
Participants emphasised the value of engaging with realistic case studies that reflect the types of legal and evidentiary issues increasingly arising before Ukrainian courts. Denys Telechkan, Prosecutor of the Department for Combating Crimes Committed in the Context of Armed Conflict at the Mykolaiv Regional Prosecutor’s Office said:
“This format of training is highly effective, particularly because it combines practical exercises with discussions of challenging issues and an analysis of mistakes made by participants during the exercises. It offers one of the closest approximations to real-world practice, enabling participants to develop practical skills while deepening their understanding of the underlying legal concepts and theoretical framework.”
The Mock Trial is part of the activities of GRC’s Mobile Justice Teams (MJTs), which are part of the Atrocity Crimes Advisory Group (ACA). The ACA is a multilateral initiative established by the United Kingdom, the European Union, and the United States to support and assist Ukrainian law enforcement authorities in investigating and prosecuting atrocity crimes in the context of Russia’s full-scale invasion of Ukraine.
If you are interested in participating in future events, please send a brief statement of motivation or your CV to Kateryna Bakai at the email address: Kateryna.Bakai@grcompliance.org
Photo credit: Oleksandr Hulich