[Forthcoming publication] Asser Institute develops new handbook to strengthen Ukraine's justice system 

The Asser Institute is developing a handbook to assist Ukrainian legal professionals in conducting fair trials in the context of the ongoing conflict. The handbook, elements of which were recently tested during two workshops for Ukrainian legal professionals and civil society organisations, will provide guidance on bringing Ukrainian practice and procedure in conflict-related cases in line with international fair trial standards.  

Ensuring fair trials is a fundamental obligation for Ukraine under both domestic and international law. This commitment is also essential for Ukraine's broader political goals, such as EU accession, which prioritise upholding the rule of law. 

In the context of conflict-related criminal trials, fair proceedings are particularly important. They demonstrate Ukraine's capacity to deliver justice domestically, influencing the extent of international intervention. This is known as ‘complementarity’ – the principle that international courts, such as the International Criminal Court in The Hague should only act when domestic courts are unable or unwilling to prosecute. The challenges of ensuring fairness in these complex trials, however, will increase the likelihood of closer examination by domestic and international observers, including civil society and the media.  

Navigating complex procedural matters 
During a recent workshop in The Hague, and a follow-up workshop in Kyiv, Ukrainian prosecutors, defence and victims’ counsel, judges, and civil society organisations were invited to discuss elements of the Asser Institute’s upcoming ‘Handbook for Legal Professionals on the Fairness of Conflict-related Trials in Ukraine’. The first workshop was part of a weeklong study visit to The Hague co-organised with the International Bar Association Human Rights Institute, the International Bar Association in The Hague, and the Ukrainian Bar Association.  

While working through a hypothetical case study during the workshop, participants raised key challenges in balancing compliance with European human rights law and practising in an ongoing conflict. Key issues demanding further consideration by Ukrainian practitioners and the international community were: 

• Procedures at the pre-trial stage  
• Legal certainty in charging practices within a domestic legal framework not fully aligned with international criminal law  
• Notification and judgment reasoning, including in terms of the presumption of innocence 

The second workshop, held in Kyiv, convened a group of legal professionals working on conflict-related cases and responding to the challenges of complying with fair trial standards while prosecuting accused in absentia. The participants discussed the importance and findings of trial monitoring, the difficulties in ensuring an effective notification procedure, the practical and procedural challenges faced by the defense attorneys, and related topics. The participants’ views support the importance of clear, actionable advice to be developed within the legal and procedural framework of Ukraine. 

Later this year, the Asser Institute will launch the Handbook for Legal Professionals on the Fairness of Conflict-related Trials in Ukraine as part of the ‘Restoring Dignity and Justice in Ukraine' programme funded by the Ministry of Foreign Affairs of the Netherlands. The International Development Law Organization (IDLO) is implementing the project in partnership with the T.M.C. Asser Instituut, the Center for International Legal Cooperation (CILC), and the Netherlands Helsinki Committee (NHC).

About this workshop 
This workshop was led by expert speakers Annelot Jumelet, Dutch defence lawyer at KLS Defense Attorneys specialising in international crimes cases, and Valérie Gabard and Asa Solway, co-founders of UpRights, a Hague-based NGO dedicated to promoting human rights and ensuring accountability. 

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