As Ukraine undertakes one of the most extensive wartime documentation and accountability efforts in modern history, a critical question remains: are persons with disabilities fully visible within justice processes?
In a new blog article for Opinio Juris led by Ruby Mae Axelson, Gender & Child Justice Lead at Global Rights Compliance, our team examines how pre-existing structural discrimination against persons with disabilities has intersected with Russia’s full-scale invasion — increasing exposure to harm while simultaneously limiting access to justice.
Before the invasion, many persons with disabilities in Ukraine already faced systemic barriers, including institutionalisation, limited accessibility, and social exclusion. Since February 2022, these structural vulnerabilities have intensified. Persons with disabilities have faced heightened risks during evacuations, barriers in accessing humanitarian assistance, increased exposure to violence, and particular challenges in fleeing areas under occupation.
At the same time, these same structural factors can prevent crimes committed against them from being effectively documented, investigated, and prosecuted.
As the article explains:
“The combination of high exposure to violence and low visibility in legal processes has turned structural exclusion into evidentiary erasure amid the largest documentation project ever mounted by a state during active hostilities.”
The blog highlights how investigative methodologies, victim identification practices, and evidentiary standards often fail to account for disability-related barriers — resulting in under-recognition of harm and the risk of an emerging accountability gap.
Grounded in international humanitarian law, international human rights law, including the Convention on the Rights of Persons with Disabilities (CRPD), and international criminal law, the article argues that disability-inclusive justice is not optional. It is a legal obligation.
The blog sets out practical recommendations for investigators, prosecutors, and policymakers, including:
- Ensuring accessible complaint and documentation mechanisms
- Integrating disability-sensitive investigative approaches
- Recognising institutionalisation and abandonment as potential risk factors for international crimes
- Embedding disability expertise within accountability structures
The article is a joint effort by Ruby Mae Axelson, Tobias Freeman (Legal Adviser), Danielle DerOhannesian (Legal Adviser) and Mykola Palamar (National Lawyer / Deputy Team Lead, Child Justice Team).
Read the full article here.