Kyiv, Ukraine — As war criminals face prosecution in Ukraine, the role of victim advocates has grown increasingly vital. For countless survivors, navigating the legal system is not a mere formality but a crucial step toward justice. However, many victims lack the resources and strength to engage deeply in this process. This is where attorneys specializing in victim advocacy come into play, possessing both legal expertise and the sensitivity to manage the traumatic nature of these cases.
Iryna Kapalkina, a prominent lawyer with the Ukrainian Legal Advisory Group (ULAG), highlights the dual role practitioners have in these situations. “Victims are often in a vulnerable state, and as lawyers, we act as intermediaries to help them navigate the complexities of investigations and court procedures while prioritizing their well-being.” Kapalkina, who has worked on war crimes since 2014, emphasizes that advocates play a foundational role in ensuring that victims’ narratives are not overlooked by prosecutors, who might focus solely on the legal framework of the case.
Artem Piskarev, a lawyer with more than two decades of experience, echoes this sentiment. He represents both civilians and military personnel impacted by the war, and underscores the necessity of maintaining a legal strategy that upholds the victims’ interests, particularly amidst a backdrop of overwhelming legal challenges. “Our role is crucial in ensuring that the evidence presented is robust and admissible,” he says, noting the complexities involved in litigating war crimes, especially when the potential for appeals exists.
In Ukraine, while it is mandatory for defendants to have legal representation, victims can opt for assistance. They may choose to hire their own lawyer, receive state-funded legal support, or seek help from non-governmental organizations. New victim support initiatives, such as the Coordination Centre for Victim and Witness Support established by the Prosecutor General’s Office, offer psychological and legal assistance to those affected by the ongoing conflict.
As of early 2024, this center provided resources to nearly 1,200 victims, including over 800 children. The impact of these services extends to psychological and legal realms, empowering victims to pursue justice. According to Oleksandr Baranov, the head of the legal aid coordination center, the legal community has become increasingly focused on war crime cases as funding for NGOs has diminished, prompting legal professionals to fill the gap.
Lawyers play a critical role in not only guiding victims through the legal maze but also in filing civil claims for damages that the prosecutor’s office might overlook. Baranov explains, “We remind victims that their rights are protected indefinitely, and we can assist them at any point in the claim process.” Victims of war crimes are increasingly encouraged to voice their experiences, with many seeking legal representation for the first time after accessing psychological support.
The varied motivations of victims reflect a range of coping mechanisms and desires for justice. Some are determined to recapture agency after trauma, while others opt to move on without re-examining painful memories. Liudmyla Vyhivska, a lawyer focused on sexual violence cases, notes that many survivors are driven to speak out only after engaging in therapeutic sessions.
Despite the challenges presented by ongoing trials, including the frequent absence of perpetrators, legal representatives hold a steadfast belief in the importance of accountability. “We must keep the conversation about these crimes alive, even if justice feels out of reach,” Piskarev remarks, suggesting that even in absentia verdicts can serve to highlight the need for accountability.
As legal proceedings continue, lawyers must prepare victims for the procedural realities of court. This involves not only gathering evidence and developing comprehensive legal strategies but also addressing the emotional needs of the individual. Experts advise on preparing victims for testimonies and leveraging psychological evaluations to substantiate claims of trauma.
Closed hearings for cases involving sexual violence allow for greater protection of victims, easing their fears of exposure. Piskarev emphasizes the necessity of these measures, as many witnesses and victims remain vulnerable to repercussions from adversarial entities. The judiciary’s increasing focus on guaranteeing confidentiality reflects an understanding of the needs stemming from conflict-related violence.
Moreover, as those accused of war crimes face judicial proceedings, the defendants’ lawyers navigate their own intricate landscape, striving to maintain adherence to procedural norms while balancing the moral implications of their roles. The dialogue between attorneys for both sides creates a unique dynamic that is underscored by a shared recognition of the gravity surrounding these trials.
For victims, a favorable verdict may not guarantee closure, especially when addressing compensation may yield uncertain results. Ukrainian courts have previously sided with victims, exemplified by a ruling that awarded monetary compensation to the family of a murdered woman in Kharkiv. However, legal experts express skepticism about the enforceability of such judgments, given the inability to actualize restitution from liable parties.
As victims share their harrowing stories, the legal and emotional toll on attorneys is evident. Working through the trauma embodied in these cases takes its toll, requiring lawyers to find personal coping strategies. Kapalkina articulates a sense of purpose, stating that maintaining legal rigor and advocating for victims offers her a degree of emotional balance amidst chaos.
The ongoing conflict continues to define and reshape the legal landscape in Ukraine, reminding advocates and victims alike that the quest for justice is an arduous journey requiring resilience and cooperation among all stakeholders involved.
This report was produced with the assistance of OpenAI. The people, facts, circumstances, and narrative may contain inaccuracies. Requests for retractions or corrections can be sent to contact@publiclawlibrary.org.