Scott Martin, International Legal Advisor at Global Rights Compliance, together with Wayne Jordash KC, President of Global Rights Compliance, have published a new op-ed examining the legal and practical challenges of prosecuting collaboration during Russia’s occupation of Ukrainian territory.
The article explores why accountability for collaboration is essential for Ukraine’s security, sovereignty, and rule of law, while underscoring the complexity of distinguishing voluntary assistance to the occupying power from conduct carried out under coercion.
As the authors note, “prosecuting Ukrainian collaborators is complex. Proving voluntariness, distinguishing coercion, and securing reliable testimony are inherently difficult and are further complicated by Russia’s occupation.”
Drawing on international humanitarian law and international human rights law, the op-ed explains why alleged collaboration must be assessed within the legal framework of occupation, which governs both the powers of the occupier and the coercive conditions under which civilians act. This framework is essential to determining when conduct reflects compelled compliance and when it constitutes unlawful assistance giving rise to criminal responsibility.
The piece also highlights the risks of misapplying collaboration laws, stressing that “the legitimate pursuit of accountability for betrayal of the State must be carried out through an accurate application of occupation law.” When this balance is maintained, accountability strengthens the rule of law and supports territorial restoration; when it is not, prosecutions risk undermining their own legitimacy.
GRC’s Collaboration Mobile Justice Team works as part of the Atrocity Crimes Advisory Group for Ukraine (ACA), a multilateral initiative established by the United Kingdom, the European Union, and the United States to support and assist Ukrainian law enforcement and prosecutors in investigating and prosecuting international crimes committed during a full-scale war.
Read the full op-ed.