On the anniversary of the Russian invasion of Ukraine, members of GRC’s mobile justice teams reflect on the war and their motivations for pursuing their work on the ground in furtherance of justice and accountability.
Wayne Jordash KC, MJT Project Director
I have lived in Ukraine since 2015, firstly to support the Office of the Prosecutor General (OPG) and then because I had the good fortune to meet my Ukrainian wife. Her family and friends are now mine. Her country is now my country. I am proud of my adopted country and the courageous Ukrainian people fighting to rid the country of these brutal occupiers whose illegitimate and imperialistic aims are soaked in such brutality and international crimes. Ukraine must and will win. But there can be no peace without justice. That is why the OPG is working tirelessly to investigate and prosecute the war crimes, crimes against humanity and any genocide and why I am proud that GRC’s Mobile Justice Teams (MJT) are able to support the OPG in this essential fight. Despite the challenges we have faced, we have faced them together, and have remained steadfast in our commitment to seeking justice for these atrocities. Ukraine must win, not only at the frontline but also in the battle for truth and accountability.
As we reflect on the past year, we know that there is still much work to be done. I am honoured to stand alongside the OPG and my mobile team of dedicated (Ukrainian and foreign) international lawyers as we work towards victory for Ukraine and for all those who believe in freedom, democracy and the rule of law. We in the #MJTsInAction will not rest until justice is fully served and those who have committed these crimes are held accountable for their actions. Slava Ukraini.
Anna Mykytenko, Senior Legal Adviser, Ukraine Country Manager
The full-scale Russian invasion of Ukraine was and is not a shock to me.
The level of devastation, queues of people looking to board trains to Poland, sound of an air raid siren on a sunny morning, the smell of the burning Amstor, the legal discussion of the likelihood of the crime of starvation occurring in Ukraine – these were shocking but not the war itself. Not after witnessing the occupation of Crimea and my own hometown in Donbas and having spent six years working to hold accountable those who commit war crimes in Ukraine, including on the MATRA project.
The major shock of the last year was surprisingly positive, namely the change within the Office of the Prosecutor General of Ukraine. The creation of a CRSV unit, work on a war crimes strategy, conduct of context-based investigations in Kherson, and pursuit of cases against high-level Russian criminals, are but a few of the positive developments that have occurred. Being part of GRC’s MJTs, I am proud to support these changes and grateful to our donors – the US, UK, and EU – for an opportunity to do so.
Today, the road to victory and justice is long. But if changes like these continue, then there is light at the end of the tunnel. Today, I am hopeful that one day we – the brilliant national legal team and our international consultants – will celebrate the main victory and many smaller ones. Today and always, Ukraine will stand and withstand.
Glyn Morgan, Senior Investigator, MJT Coordinator
Since first becoming involved in war-crimes investigations in 1995, I have worked on 12 different conflicts. Most of them had already ended by the time I became involved, whilst those that were ongoing were not accessible; in this regard the conflict in Ukraine was a unique opportunity that I could not resist.
My initial involvement with Ukraine was in October 2021 when I did a short consultancy tasked to look at crime analysis in the OPG, within the context of investigations into events in Donbass and Crimea since 2014. Little did I know that 4 months later the country would be plunged into full-scale warfare, with atrocities occurring on a scale that dwarfed even the horrors of Donbass & Crimea. Those same colleagues, friends even, at the OPG who were already challenged by the scale of their existing workload were to become inundated as the horrors of the Russian invasion unfolded. When the call for help came, I could not resist.
The MJT is a unique concept, and being involved with it right from the start was an exciting prospect; having worked in numerous accountability mechanisms, I feel I have seen as many bad approaches as good, so here was my chance to shape things how I felt they should be. To finally get a chance to “put your money where your mouth is” is somewhat scary, but it is also a great motivator. This, alongside the tremendous enthusiasm and impressive capacity of my Ukrainian colleagues makes the regular danger and frequent frustrations inherent in the work easy to shoulder.
And as I frequently say, “unlike the boys at the front-line, we are not getting shot at”.
Amal Nassar, Senior Legal Adviser, CRSV MJT
I was born and spent most of my life in the Middle East, a region engulfed in repression, armed conflict and impunity that live on till the present day. Both my father and mother experienced war, and both their countries have been under occupation. This backdrop shaped nearly all my life decisions, and fed my desire to work on accountability for serious international crimes. The latter was a solace in the face of the chronic impunity and the repetition of crimes.
I worked across multiple situations of armed conflict, both in my part of the world and beyond. I first started working on Ukraine in 2018 in the context of the situation before the International Criminal Court. Two years later, I led a study on reparations for victims of conflict-related sexual violence in Ukraine. Today, I am working out of Kyiv as part of GRC’s team that truly gives meaning to the phrase: “The future of international criminal justice is domestic.” Here we work towards strengthening Ukrainian capacity and lending support for effective and victim-centric investigations and prosecutions of conflict-related sexual crimes. The task before Ukrainian investigators and prosecutors in Ukraine is enormous, but their resilience and determination -amidst ongoing aggression- is greater still.
I hope to make a meaningful contribution to empowering the criminal justice system in Ukraine with international best practice and lessons learned, tailored to the unique situation at hand. And I am certain that there is much for me to learn as Ukraine leads the way to delivering justice for the conflict’s victims, particularly at home.
Denys Hatseniuk, National Legal Advisor
On the evening of February 23rd 2022, I came back to my home in Kyiv, planning to get a good night’s sleep and visit a notary in the morning. At the time, I had been building (quite successfully, I guess) a career in M&A and Corporate Law at one of the biggest international law firms. With the first explosion shaking my windows and waking me up, I realised that my schedule had changed from this moment on, just as my work priorities.
During the first weeks of the invasion, I did not think about legal work at all but rather put all my resources and efforts into volunteering. Still, being a lawyer with a particular interest in international law, I eventually found myself processing everything what was going on around me through the prism of the law. This is when I found that the answers to the emotions I was feeling – as a human being and, more specifically, as an Ukrainian – were in the law. The ruthlessness and brutality of the invasion caused fury, which fuelled my thirst for justice. Luckily, this coincided with the launch of the MJT project. Without hesitation, I decided to join as I could not imagine myself working on anything not directly linked with the ongoing hostilities. While continuing to work in support of the Ukrainian people with the FRONTLINE.CARE volunteer organisation, I started to assist with the MJTs.
The MJTs are quite distinct from other projects on international law and accountability operating in Ukraine. Mobility combined with the top-notch, context-tailored expertise of the team allows us to make a practical contribution and bring tangible changes. For me, this is a life-changing opportunity that satisfies both my professional and academic interests while allowing me to serve my people.
Clara Gerard-Rodriguez, International Legal Advisor
On 24 February 2022, I was in Chicago. CNN ran the headline “War in Europe”. My American in-laws tried to convince me not to travel back to Paris because “Putin invaded Europe”. At first, it felt like an overreaction.
It took me a few weeks to realise that I was wrong. Of course, Europe was (is) at war. European values and ideals were (are) targeted. European people were (are) fighting back. And soon, news of grave, massive, egregious international law violations emerged.
So, as a European citizen, and as an international criminal lawyer, I felt an urge to help to the best of my abilities. To assist Ukraine and Ukrainians in their effort to show that truth, justice and international law are not mere ideals but a concrete, daily, real-life practice that differentiate democracies from authoritarian regimes.
On 24 February 2023, I will be in Kyiv, with GRC, assisting Ukrainian prosecutors and investigators in their tireless endeavour to seek the truth and bring justice. Because this is what democracies do. And this is why Ukraine will win.
Maksym Vishchyk, National Legal Advisor
Every day, we, as Ukrainians, feel how essential the work of the MJTs is for the future- for us, our people and the values we preach. A year ago, we (the MJT team) were scattered across different locations, people with diverse backgrounds and life stories, who were eventually brought together by a common cause. And we are honoured to have a team of fantastic international colleagues standing with us shoulder-to-shoulder, viewing this fight as our joint one.
From the start of the full-scale invasion, we all have rushed to be there for Ukrainian prosecutors and investigators in the hour of their deepest need. To be their extra hands, to support them with all the accumulated knowledge and expertise, and to show that we are with them in solidarity, close to the fighting zone and in Kyiv. The work has never stopped – be it in the bomb shelters, near the frontline, and amidst massive air raids and blackouts.
The fight for justice is long. The fight for liberty is never-ending. We in the Ukrainian team perceive this fight as our lifelong mission: who else will do it for our country if not ourselves? But we certainly know that we are not alone on this road, being supported by the most dedicated and qualified international colleagues.
Justice cannot heal physical wounds or resurrect the fallen. But it can bring relief by elevating victims’ voices, reconstructing the truth, preserving historical memory for generations to come and guaranteeing that those responsible for ruining the lives of millions and annihilating their identity will never stay unpunished.
