Challenges and Mandate of the European Advisory Mission in Ukraine
The European Advisory Mission in Ukraine, established in 2014, primarily focuses on international criminal law, investigation strategies, and case building for international crimes. It faces challenges such as war crimes prosecution, legal obstacles, and operational difficulties in a state of war. The mission collaborates with key prosecutorial and investigative entities, judiciary, defense, and civil society, offering specific advice and support until 2027.
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European Advisory Mission Ukraine Establishment of the mission: 2014; International Crimes since 2022 Non-executive mandate (extended until 2027) Interlocutors: mainly prosecutorial/investigation entities; also: judiciary, defence, civil society Scope: general questions of (international criminal) law, investigation strategies, case building strategies, OSINT, case-specific advice Cooperation with other international actors (US, UK)
Factual and organisational challenges in the investigation and prosecution of international crimes State of war Access to territory Information gathering (witness interviews, OSINT, etc.) Set-up of structure for investigation (specialised organs vs. police) Set-up of structure for prosecution (OPG vs. regional prosecutors)
Legal (and political?) challenges War crimes: Article 438 as a (partial) reference provision Crime of Aggression: Article 437 Prosecutorial focus on specific crimes (perceived?) procedural hurdles (documentary evidence, trial in absentia, OSINT,)
Article 438 Ukrainian criminal code Article 438. Violation of rules of the warfare (1) Cruel treatment of prisoners of war or civilians, deportation of civilian population to engage them in forced labour, pillage of national treasures on occupied territories, use of methods of the warfare prohibited by international instruments, or any other violations of rules of the warfare stipulated by international treaties, ratified by the Verkhovna Rada of Ukraine, [ ] shall be punishable by imprisonment for a term of eight to twelve years. [ ]
Article 437 Ukrainian criminal code Article 437 Planning, preparation and waging of an aggressive war (1) Planning, preparation or initiation of an aggressive war or armed conflict, or conspiring for any such purposes [shall be punishable by imprisonment for a term of seven to twelve years.] (2) Conducting an aggressive war or aggressive military operations shall be punishable by imprisonment for a term of ten to fifteen years. wider than the international definition ?
