Human Rights in Ukraine 2025 and the First Half of 2026. 13. Challenges in Holding Suspects Accountable for International Crimes

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Abstract

Subject and Objective of the Analysis
The report provides a comprehensive assessment of the legal framework, procedural challenges, and practical dynamics surrounding the criminal prosecution of individuals suspected of committing international crimes in Ukraine. Spanning from 2014 to mid-2026, the study traces the trajectory of the Ukrainian justice system from systemic institutional inaction in the early stages of the armed conflict toward the development of sustainable legal mechanisms capable of addressing the unprecedented challenges of Russia’s full-scale invasion.

Key Challenges and the Evolution of Investigations

• The 2014–2021 Period: Characterized by widespread institutional neglect by domestic law enforcement regarding crimes committed by Russian forces and illegal armed groups (IAGs). Common shortcomings included refusing victims formal procedural status, failing to conduct basic crime-scene or ballistic investigations, and misqualifying war crimes under domestic terrorism provisions (Article 258 of the Criminal Code of Ukraine). Consequently, only about 1% of conflict-related terrorism proceedings reached the courts.

• Post-February 2022: The full-scale invasion triggered an unprecedented caseload—over 212,000 registered criminal proceedings under the domestic war crimes provision (Article 438 of the Criminal Code) alone. However, the justice system faces a stark disparity between registered violations and delivered verdicts (fewer than 1% of cases have reached a judgment, with the vast majority conducted in absentia). Investigations are critically impeded by a lack of physical access to occupied territories, severe staffing and material shortages, and the inherent evidentiary challenges of establishing the chain of command and criminal intent.

International and Legislative Framework
The report notes the closure of the European Court of Human Rights (ECtHR) mechanism for events occurring after Russia ceased its membership on September 16, 2022. It also highlights the jurisdictional limits of the International Criminal Court (ICC), which cannot prosecute the crime of aggression absent state consent or a UN Security Council referral. These constraints underline the critical need to establish a Special Tribunal under an agreement between the Council of Europe and Ukraine, as well as to utilize universal jurisdiction across third states.

Domestically, key legislative developments include the ratification of the Rome Statute (August 2024), the introduction of Article 442-1 (“Crimes against Humanity”) into the Criminal Code, and statutory revisions to Article 438 (“War Crimes”), which broadened the explicit scope of violations to encompass the unlawful transfer, deportation, and unjustified delay in the repatriation of children.

Contribution of the Human Rights Sector (KHPG)
The document highlights civil society documentation through the “Tribunal for Putin” (T4P) initiative, which has recorded over 111,000 incidents of alleged crimes. By mid-2026, KHPG attorneys represented victims in nearly 9,000 criminal proceedings (focusing on enforced disappearances, torture, and civilian casualties), submitted seven comprehensive analytical communications to the Office of the Prosecutor of the ICC, and lodged hundreds of applications with UN treaty bodies (the UN Human Rights Committee and the Working Group on Enforced or Involuntary Disappearances).

Key Recommendations:

1. Inter-Agency Specialization: Establish permanent, joint inter-agency investigative units comprising the National Police, the Security Service of Ukraine (SBU), the State Bureau of Investigation (SBI), Defense Intelligence (HUR), and the Prosecutor’s Office.

2. Victim-Centered Approach: Implement trauma-informed, gender-sensitive communication standards and provide continuous institutional support to victims and families of the missing.

3. Legal Harmonization: Formulate official guidelines for the judicial application of Article 442-1 of the Criminal Code and pass Draft Law No. 16050 to fully align national criminal legislation with Rome Statute standards.

4. International Cooperation: Strengthen operational coordination with the ICC, facilitate the rapid establishment of the Special Tribunal for the Crime of Aggression, and proactively engage foreign jurisdictions via universal jurisdiction mechanisms.