New resources to strengthen defence and fairness of conflict-related trials in Ukraine
Published 24 June 2025
@Victoria Kerr - Launch of the Strategic Report in Kyiv earlier this month
To strengthen Ukraine’s defence function in conflict-related criminal cases, the Asser Institute today launched its new Strategic Report: Supporting Defence Counsel in Conflict-Related Criminal Cases in Ukraine, following the recent release of its Handbook for Legal Professionals in Ukraine: Ensuring the Fairness of Conflict-Related Trials. Both initiatives respond to growing concerns that unequal resources between prosecution and defence threaten fair trial standards essential for Ukraine’s European integration. To boost the defence’s capacity and resilience, the Strategic Report suggests next steps including coordinated training, a national defence network, peer support, and sustained government and institutional backing.
The Strategic Report draws from recent collaborative efforts including strategic discussions and the invaluable contributions of national and international partners supporting defence counsel in Ukraine. Outlining the systemic impediments confronting Ukrainian defence counsel, including their marginalisation and continued under-resourcing, the report suggests next steps, strongly advocating for coordinated training, creation of a defence community and peer-to-peer support, and government and cross-institutional support to boost the defence's capacity and resilience.
Handbook for legal professionals in Ukraine
Earlier this month, the ‘Handbook for Legal Professionals in Ukraine: Ensuring the Fairness of Conflict-Related Trials’ was launched at an event in Kyiv co-organised with the Coordination Centre for Legal Aid Provision (CCLAP), and the Ukrainian Bar Association (UBA). The Handbook assists Ukrainian legal professionals in navigating the complexities of conflict-related cases, ensuring strict adherence to international and European fair trial standards. It addresses specific components such as the presumption of innocence, independent and impartial courts, pre-trial investigation and detention and evidence, empowering practitioners to enhance fairness.
Key speakers at the launch, comprising Mykola Stetsenko, president of the UBA, Oleksandr Baranov, director of CCLAP, Yuliia Shuliak, a Ukrainian defence lawyer, judge Vladyslav Ovsyannikov of Derhachivskyi District Court, Kharkiv Oblast and Magda Koole, senior legal advisor to the European Union Advisory Mission to Ukraine (EUAM), offered valuable insights.
Mr. Baranov described the Handbook as a ‘a timely and much-needed step […] offering practical tools that empower defence lawyers to uphold fundamental rights even in the most challenging circumstances’. He noted that CCLAP is “committed to integrating its recommendations into training and support for FLA lawyers across the country”.
Magda Koole noted: “One of the most fruitful ways to keep increasing and improving your knowledge and skills as a judge is peer review. The Handbook contains best practices and supports the process of continuous growth and its use will further the development of international law”.
Judge Ovsyannikov confirmed that “Providing justice in cases of crimes related to armed conflict is impossible in the absence of well-motivated court decisions. The handbook created by the Asser Institute is an important tool that contains analysis of substantive and procedural law relevant to this category of cases, features of evidence evaluation and recommendations for effective judicial proceedings”.
Yuliia Shuliak described the “event among like-minded people [as] an extremely valuable reminder that justice is a common cause that requires professional solidarity, mutual support, and constant dialogue” (translated from Ukrainian).
The publication of these resources marks the continuation of efforts to strengthen Ukraine's defence function. The real test will be in implementation, including the commitment of Ukrainian and international stakeholders to provide the support and the resources necessary to turn these recommendations into reality.
The Asser Institute, together with its national and international partners, will continue supporting all legal actors working towards ensuring the fairness of trials, recognising their importance in delivering fair and legitimate justice.
Read the Strategic Report: Supporting Defence Counsel in Conflict-Related Criminal Cases in Ukraine.
Read more
These activities are conducted by the T.M.C. Asser Instituut under the ‘Restoring Dignity and Justice in Ukraine’ programme, funded by the Ministry of Foreign Affairs of the Netherlands, and implemented by a consortium led by the International Development Law Organization (IDLO) in partnership with the Asser Institute, the Center for International Legal Cooperation (CILC), and the Netherlands Helsinki Committee (NHC).