GRC co-organised a workshop for Ukrainian prosecutors, investigators, and international advisors and experts working on the investigation and prosecution of environmental war crimes in Ukraine. About 50 participants spent two days discussing crucial work that should be done for documenting the harm and seeking accountability, as well as setting important precedents for future conflicts.
‘There is very little prior caselaw, guidance, or practical experience with respect to the investigation and prosecution of serious harm to the environment during and connected to an armed conflict – whether as war crimes or ecocide. It is a challenge‚ as is the scale of those crimes against the environment, which have been committed by Russian forces in Ukraine‘ – said Wayne Jordash, Managing Partner at GRC and Deputy Coordinator at ACA Group.
During the Workshop, participants exchanged knowledge and expertise and discussed current challenges to derive sufficient information to develop a first draft of an Implementation Plan that will achieve the goals laid out in the (draft) Strategic Action Plan.
‘It is important to have a common Strategic Action Plan for investigating and prosecuting these crimes. It will allow us to prioritise cases, build command chains properly, and bring to justice not only particular perpetrators but also those responsible for planning and organising these crimes,‘— emphasised Donna Cline, Environmental MJT Team Lead.
Prosecutors, investigators, and international advisors and experts collected information about the various cases currently being investigated by the EWC Team, in particular, the legal and practical challenges being confronted by the prosecutors and investigators and the solutions that the EWC Team must obtain to ensure accountability and justice for the harms done.
The Implementation Plan will be drafted after the Workshop and will cover a range of issues, including a strategy for prioritising cases and determining the most effective resolution of all cases; best practices for documenting crimes and collecting and preserving evidence; whether to prosecute crimes under Article 438 (war crimes) and/or Article 441 (ecocide); and overcoming obstacles in investigating and prosecuting cases. The Implementation Plan is intended to ensure a consistent, efficient, and effective approach to the investigation and prosecution of environmental crimes.