The ICJ today addressed the state of the judiciary in Ukraine during an interactive dialogue with the Office of the High Commissioner for Human Rights at the UN Human Rights Council.
The statement reads as follows:
The International Commission of Jurists welcomes the steps that Ukraine has taken to ensure that its justice system continues to function to the greatest extent possible despite the severe strains to administrative capacity and infrastructure brought by the unlawful invasion and the occupation of parts of the country by the Russian Federation.
The ICJ notes that the Ukrainian judiciary’s self-governance bodies, in particular the High Qualification Commission of Judges and the High Council of Justice have not resumed their work. This, together with the disruption caused by the conflict, has left the justice system without a sufficient number of judges.
It is essential that the judiciary is able to administer justice in the face of these obstacles.
It is welcome that most of the judicial powers granted to prosecutors in regard to detention have recently been removed, but the remaining powers of prosecutors to authorise extensions of detention are incompatible with rule of law principles.
The ICJ stresses that efforts should be made in co-operation with international partners to restore the budget of the courts to levels sufficient to ensure the fair and effective administration of justice.
Madam Acting Commissioner, how can OHCHR support the Ukrainian judicial system to apply international law in adjudicating accountability for crimes under international law committed during the conflict?
I thank you.”
Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949AdvocacyNon-legal submissions