The Asser Institute started its work in Ukraine in 2020 to strengthen the skills and knowledge of legal professionals. The current focus areas include fair trial rights, freedom of expression and accountability for international crimes. ‘Much has changed since the full-scale invasion of Russia in 2022’, says Gabriele Chlevickaite, Asser’s current coordinator of the Ukraine projects. ‘Last year, our team – I should stress we implement these projects with many other colleagues – went to Ukraine 6 times. There are obviously risks involved, but it’s very important to meet people where they are.’ She discusses Asser's projects in Ukraine with Christophe Paulussen, who coordinated Asser’s first Ukraine project between 2020 and 2024.

How has the war affected your work?

Christophe: ‘Our work started already before the full-scale invasion, but the latter has demonstrated even more the importance and necessity of prosecuting international crimes. Our colleagues in Ukraine are showing true commitment to their work. Despite the very difficult circumstances, they are still showing up to our activities. We are trying to make them as useful as possible while remaining critical. This perfectly fits Asser’s approach: we are academics with a very practical focus.’

Gabriele: ‘The war indeed deeply affects our partners in Ukraine. We work with people who are exhausted. They are kept up by alarms going off in the middle of the night, and they don’t have time for days off. We need to have patience and not expect everyone to be super energetic. Having said that, the response is still very active. Some trainings we only do in the evening. You see judges working overtime to educate themselves. On our end, we sometimes need to plan differently, adjust to electricity shortages and conflict situation in Ukraine.’

How do you support legal professionals in Ukraine?

Christophe: ‘The people we work with are very busy, so our training needs to be useful. We have been working with the same people for a long time now, so they know our work is worthwhile. This trust provides a good foundation for our work.’

Gabriele: ‘In Ukraine, there are currently many alleged war crimes being committed, while legal professionals are still learning on the job. We provide advice on legislation and its implementation. We also reach out to experts on international crimes — some from Asser, some from outside — who can offer support, through training and advice. Or even through a very practical app we developed together with Global Rights Compliance to help prosecutors and investigators understand elements of international crimes.  By now, knowledge exchange works both ways: because of the war, Ukraine is rapidly gaining more experience in prosecuting international crimes.’

What lessons are you learning from Ukraine?

Gabriele: ‘Working in Ukraine has made me even more aware that every conflict raises new questions. For example, in occupied territory, Ukrainians are forced to get a Russian passport to keep their property. How do you approach this in international law? One way to look at this is to view it as treason. But you could also argue that these people are victims of persecution. Or what if a 14-year-old is operating a drone out of their own free will? Are they a combatant or a child soldier? I could not have thought of these discussions from just reading about legal theories.’

Christophe: ‘This is the information you don’t learn from reading books but from talking to people. Because this war raises new legal questions, Ukraine has, in a way, become a testing ground for international criminal law.’

Are Ukrainian legal professionals eager to learn more about international criminal law?

Gabriele: ‘We are starting to see parts of our training reflected in judgments already. We know that a year ago, there was no discussion about specific concepts, which are now mentioned in court. The questions asked in training are now much more advanced than a couple of years ago, and we receive more of them. We need to be guided by that - what legal professionals need and respond it. The people in Ukraine really are our colleagues.’

Christophe: ‘It’s important to keep the bigger picture in mind. I fully understand that in a war situation, where you have many things to worry about, you may be focused on short-term wins and quick fixes, but we need to keep the long-term perspective in mind. You can, for example, quickly convict someone for a war crime, but we have to think about the quality of those judgments as well. We need to make sure they uphold international legal standards. They will determine Ukraine’s legacy outside of the battlefield. I would say Ukraine is increasingly succeeding in that.’

How do you address corruption challenges in Ukraine?

Gabriele: ‘We know corruption is a massive problem. There is very little trust in public institutions in Ukraine. We target professionals who want to be professional. At the same time, we are supporting the free press in Ukraine, so the media can hold people accountable. Over the next few years, we will bring journalists together to coordinate a joint response when issues arise, and we will work with the courts on better protecting journalists’ rights. Ukraine is also changing fast. You see an increase in younger people in power, with the hope that the post-Maidan generation will be different. More members of parliament are in their early 30s, and judges are also quite young. Although it is a long process, you can see the difference.’

Christophe: ‘That’s important. It needs to be a mindset shift, not just ticking boxes to gain access to the EU. Our main target audience consists of professionals, but we also have a programme aimed at students. That’s crucial. That way, we are not only working with the current people in power but also with the next generation of justice leaders.’