The SIX Conversations: A Judicial Exchange Initiative
September 23, 2024
The EU Advisory Mission (EUAM) Ukraine in cooperation with the National School of Judges of Ukraine have launched “The SIX Conversations”, a new series of online discussions aimed at fostering collaboration between Ukrainian judges and their European counterparts. This initiative addresses the complexities of adjudicating international crimes within national legal systems and ensures the protection of fair trial rights, as outlined in Article 6 of the European Convention on Human Rights (ECHR).
“What matters is that judges have sufficient tools to ensure a fair trial. There is room for differences in proceedings, but judges must make choices that align with the principles of fairness,” emphasised Magda Koole, EUAM Senior Adviser on Prosecution of International Crimes. Drawing from her extensive experience as a judge working with judges from various legal systems, she stressed the shared responsibility of ensuring fairness.
The SIX Conversations aim to bring together judges from Ukraine and across Europe, creating a unique platform for sharing experiences and insights on international criminal law. For EUAM Ukraine, this initiative is about building the capacity of Ukrainian judges to handle complex cases related to international crimes, while ensuring that domestic jurisprudence align with broader European human rights standards.
At the core of these “conversations” is the balancing act between defendants’ rights, victims’ needs, and the state’s obligation to protect its citizens. Ukrainian judges bring their national perspectives, while their European colleagues offer insights from their own experiences with international law, helping to bridge gaps and overcome challenges in applying these laws domestically.
The first session, held on 12 September, set the stage for what promises to be a highly productive series of discussions. Titled “Modes of Liability in International Crimes: Domestic Law or Rome Statute?”, the session was led by a r judge from the at the District Court of The Hague who is the chair of the International Crimes Chamber in that court. Fifteen judges from Kyiv, Kharkiv, Odesa, and Zaporizhzhia regions participated, engaging in an in-depth conversation on how international crimes are adjudicated in domestic courts.
The discussion also explored the interplay between Ukraine’s national laws and the Rome Statute, which established the International Criminal Court. The judges exchanged views on how different modes of liability apply within national systems and addressed the practical challenges of aligning these with international frameworks.
EUAM’s initiative through The SIX Conversations is set to continue over the coming months, with future sessions covering topics such as trials in absentia, the prosecution of high-level commanders, and violations under international humanitarian law. As Judge Magda succinctly put it, “Especially when it comes to international crimes, there is a lot of untapped ground, and judges need to exchange views on how to apply the rule in a concrete case.” With the involvement of judges from Norway, Sweden, and The Netherlands, these discussions are a critical step in building the capacity of the Ukrainian judiciary to implement international criminal law while respecting Ukraine’s national procedural frameworks.
