Challenges of war crimes investigation discussed in Odesa

In Odesa, the participants discussed how war crimes are recorded in Ukraine and who is responsible for this. The effectiveness of investigations depends on the proper legal documentation of evidence and coordination of the state with international partners.

Intent.Insight discussed how war crimes are recorded in Ukraine, who is involved, what results have already been achieved, and whether journalists can really influence the investigation.

The participants of the conversation were Borys Babin, a lawyer and expert at the Association of Crimean Integration, and Yulia Khymeryk, an investigative journalist.

Borys Babin said that he has recently conducted trainings for media professionals in Mykolaiv and Odesa on how to properly document war crimes. According to him, despite the years of war, the need for special training is still great.

He cited the example of a journalist from Mykolaiv who works in the de-occupied territories and, after the training, admitted that before publishing materials, it is worth consulting with lawyers if it is a matter of potential war crimes. According to the lawyer, this helps to avoid mistakes and ensures the legal weight of the materials.

Journalist Yulia Khymeryk shared her own experience of working in Chernihiv, Kherson, Kharkiv, and Mykolaiv regions. She traveled to villages and towns after the de-occupation, collected testimonies, found evidence, identified Russian soldiers and established what crimes they might have been involved in. Subsequently, these materials became the basis for journalistic investigations.

According to Borys Babin, the vast majority of war crimes in Ukraine are currently being investigated by the National Police, although by law, a significant number should be under the jurisdiction of the SBU. The reason is the lack of personnel in the special service, especially near the front. In such circumstances, journalists sometimes not only record testimonies but also help to pre-verify them.

Often, criminal proceedings are opened on the basis of journalists' materials. It is difficult to estimate the number of facts that can be recognized as war crimes. We are talking about thousands of episodes, but it is up to law enforcement agencies to determine whether it is tens or hundreds of thousands. At the same time, each crime must be linked to a specific person or group of people.

Babin cited the example of the murder of a Ukrainian serviceman at the beginning of the occupation of Crimea: despite the identity of the attacker, the case has not been sentenced in a Ukrainian court in 11 years. According to him, in this case, political considerations even affected the legal qualifications.

The issue of confusion between the concepts of war and war crime was raised separately. According to Yulia Khymeryk, even lawyers often use the terms incorrectly during court hearings.

The lawyer also explained the difference between war crimes, crimes against humanity, and genocide. Genocide is the most serious crime that involves the intent to destroy a certain group. However, there have been no convictions under this article in Ukraine, as law enforcement agencies still do not have an established practice of proving genocide. The deportation of a population can also serve as an example that can be both a war crime and a crime against humanity, depending on the context and scale.

The participants of the conversation emphasized that investigative journalism can play a key role in documenting crimes, as sometimes it is the work in the field that allows collecting evidence that law enforcement officers do not always have access to. At the same time, the effectiveness of bringing Russian officials to justice depends on the systematic work of the state, international partners, and the proper legalization of each episode.

In early October, the Odesa Prosecutor's Office brought a case against the commander of a Russian missile brigade to court. The target of the attack was a popular recreational area on the Black Sea coast, the Health Route. The attack killed eight civilians, including a four-year-old girl, and injured 23 others with varying degrees of severity.

Анна Бальчінос