20:36 21.08.2023

ICPA to ensure not only evidence of Russian aggression, but also to allow them to be protected from enemy attacks

2 min read
ICPA to ensure not only evidence of Russian aggression, but also to allow them to be protected from enemy attacks

The recently opened International Centre for Prosecution of the Crime of Aggression against Ukraine (ICPA) in The Hague will ensure not only the collection and exchange of evidence of Russian aggression, but will also allow the preservation of evidence, since in Ukraine it can be destroyed by enemy attacks, Director of the International Law Department of the Ukrainian Foreign Ministry Oksana Zolotariova said.

"The Centre for Prosecution of the Crime of Aggression against Ukraine, which was opened in The Hague, will perform a very important function of collecting evidence, and at this stage is the key link that ensures the interaction between the investigations of crimes of aggression that are being conducted by the International Criminal Court and the investigations that are being conducted national prosecutor's offices of different states that created the JIT," Zolotariova said at the international conference "Special Tribunal for Crimes of Aggression against Ukraine" in Kyiv on Monday.

"ICPA will make it possible to preserve evidence in a quality manner. We all understand that it is not very reasonable to save evidence in Ukraine at present, since, given the speed of the arrival of Kalibr and Daggers, evidence can be destroyed very quickly," she said.

"The issue we are facing is the interaction between the tribunal to be created, the International Criminal Court and national jurisdictions. And the issue is not only in the exchange of evidence... The key issue will be the terms of serving sentences and the place where individuals serve their sentences," Zolotariova said.

According to her, an important element of the procedure will be the issue of fulfilling requests for international legal assistance, "both within the civilized world, and requests that will be sent to the law enforcement agencies of Belarus and Russia."

Another topic, as noted by the head of the department, will be the fate of the archives of the tribunal, since the story will not end only with the issuance of decisions.

"How, where and who will save it, what access to it will be," she said.

According to Zolotariova, it is necessary to think over a mechanism for ensuring the right to defense of the defendants "how the future tribunal will provide 'the devil's advocate.'"

She said in order to ensure a fair trial, the right to a defense is key.

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