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  • Legal response to Russia’s war in Ukraine | Daily News Byte
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Legal response to Russia’s war in Ukraine | Daily News Byte

bemaaddeepak December 9, 2022
Legal response to Russia’s war in Ukraine

 | Daily News Byte

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  • Excellencies, members of the London legal community, ladies and gentlemen – it is indeed a pleasure and a great privilege to address you at the start of this important legal conference, along with my dear Ukrainian colleague Ambassador Prystaiko with whom I have worked very closely. Year and post of Deputy Justice Minister.

  • London holds a special place in history for hosting debates and gatherings on the most important international legal debates. Some of the most influential international lawyers practice and perform here.

  • Dutch jurist and early pioneer of international law Hugo Grotius came here in 1613 to negotiate the return of two Dutch ships captured by the British. I am happy to say that the public prosecutors of the time ensured that he did not succeed and he went home empty handed.

  • One of my personal heroes, and arguably the architect of modern international law, Hersht Lauterpacht, was born near Lviv, lived a few miles northeast of here, and spoke for human rights well before individual criminal responsibility was fashionable. and the need for an effective system of international law. His son Eli, whose lectures I attended and whom I later instructed, continued his important work.

  • And, of course, it was in London in the summer of 1945, that the Allies gathered to put in place one of the most important cornerstones of international criminal justice of the 20th century – the framework for the tribunal that would eventually form the 20th century. Later that year in Nuremberg, to try the perpetrators of atrocities committed during World War II.

  • In that spirit, and on the shoulders of those international lawyers, this conference comes together – to retake the heavy responsibility of justice and accountability. I, and the whole of the UK Government, are keen to do what we can to ensure that justice is served.

  • After looking at today’s conference program, it’s clear that no one in this room shies away from that responsibility. Nothing is left off the table – and this is the right approach.

  • It is an occupational hazard that lawyers disagree – we make our living representing a position and arguing against those who have taken an opposing position. It is in our nature to find risks, flaws and explain them to our clients or courts. States and policy makers will also always disagree. That is the nature of our work. Each of us has our own national interests and visions. But settings like this allow us all to interrogate issues, which in turn will enable stronger action together at the right time.

  • My view and the view of the UK Government is that nothing should be off the table. We will carefully consider all options for liability. Throughout the day you will see my officers and civil servants from Whitehall departments – kindly invited by our Ukrainian hosts – at the back of the room, taking note of all your thoughtful comments and proposals.

  • Let’s see, however, what we have achieved so far. The international community’s response to Russia’s illegal aggression has been unprecedented.

  • The UK played a leading role in gathering support for the State Party referral of the situation in Ukraine to International Criminal Court Prosecutor Karim Khan. This allowed him to immediately start an investigation without seeking authorization from the court’s judiciary. To date, 43 states parties to the Rome Statute have endorsed the referral. It is the largest state party referral in the court’s history.

  • The UK is at the forefront of supporting the Court, supporting national experts and contributing an additional £1 million to provide enhanced support to witnesses and survivors and the provision of new technology in evidence collection. We will continue to discuss with the court on what grounds we can assist.

  • I was in Berlin last week for the first meeting of the G7 Justice Ministers. The focus was on how we could better cooperate and coordinate investigations and prosecutions. Our Berlin Declaration sets out our conclusions, including the establishment of single points of contact in our respective countries.

  • The work done in Ukraine’s domestic investigations and prosecutions has been exceptional. Led by my good friend, Prosecutor General Andriy Kostin, Ukrainian prosecutors have opened files on nearly 50,000 alleged international crimes. They have been and continue to be trialled during an ongoing, lively and brutal conflict. This is totally unprecedented – and we should recognize it as such. And crucially this is a unique opportunity to prevent troops on the ground and their commanders from committing further atrocities.

  • We are proud to support Andre’s work through the Atrocity Crimes Advisory Group, together with our friends in the US and EU. And, as I speak, today Sir Howard Morrison – a former UK judge at the ICC and now a UK-appointed independent adviser to Andrew and his office – is returning from the region having completed the first of the series. Training sessions for Ukrainian judges. These have been developed with the Ukrainian judiciary, to prepare them to try the cases that Andriy will bring during the coming months and years. Our funding will enable up to 90 Ukrainian judges to receive intensive and comprehensive training on the full range of issues involved in prosecuting war crimes.

  • Today’s discussion gives us an opportunity to think and discuss in this peaceful atmosphere. But we must not allow ourselves to be too far removed from the reality of what is going on in Ukraine. In March, Vika joined our family when she ran away from home under shelling. His grandparents still live, mainly in their basement, outside Kherson. I know this is a fight shared by people here today and by many others around the UK and in the international community. Lawyers are always ready to fight – and there is no fight more serious than this.

  • So, may I end by thanking you all for your presence; For all your expertise that you bring to the discussion. I wish you a very fruitful conference.

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