Ukraine's top human rights lawyer on why peace talks are failing | DW News

Documenting Atrocities & The Path to Justice in Ukraine: A Discussion with Alexandra Madvichuk

Key Concepts:

• War Crimes: Violations of the laws and customs applicable in times of international armed conflict, as defined by international humanitarian law (Geneva Conventions, etc.).
• Crimes Against Humanity: Acts committed as part of a widespread or systematic attack directed against a civilian population.
• International Criminal Court (ICC): An international tribunal that investigates and prosecutes individuals for the most serious crimes of concern to the international community.
• Special Tribunal for the Aggression against Ukraine: A proposed international tribunal specifically to prosecute the crime of aggression committed by Russia.
• Human Dimension: The focus on the impact of conflict on individuals, including human rights violations, displacement, and suffering.
• Non-Exalation Management: A reactive approach to international crises, characterized by weak responses to aggressive actions.
• Reparations: Compensation for damages caused by wrongful acts.
• Frozen Russian Assets: Financial assets belonging to Russia that have been blocked or seized by foreign governments.

I. The Current Situation in Ukraine

Alexandra Madvichuk, head of the Center for Civil Liberties (Nobel Peace Prize laureate 2022), describes a difficult life in Kyiv, marked by “cold, darkness, and gratitude.” The “cold and darkness” stem from deliberate Russian attacks on Ukraine’s energy infrastructure, constituting crimes against humanity and prompting a new case at the International Criminal Court (ICC). Current temperatures are -7°C, with widespread disruptions to essential services like heat, electricity, and water. Despite these hardships, Madvichuk highlights the resilience and mutual support displayed by Ukrainians, finding inspiration in their collective coping mechanisms.

II. Evolution of Russian Tactics & Documentation Efforts

Since the full-scale invasion, Russian tactics have shifted from concealment to open cynicism regarding war crimes. Previously, Russia attempted to deny involvement in incidents like the downing of Malaysia Airlines Flight MH17, but now demonstrates a disregard for hiding its actions.

The Center for Civil Liberties has responded to the increased scale of atrocities by expanding its documentation efforts. Before 2022, they focused on crimes related to the occupation of Crimea and Luhansk regions in 2014. Now, they document not only violations of the Geneva Conventions but also the profound “human pain” inflicted by the war. The Center’s database currently contains over 100,000 documented episodes, but Madvichuk emphasizes the importance of remembering that these are not merely numbers, but individual lives. Their work aims to “return people their names” by meticulously recording their stories. She acknowledges the emotional toll of this work but finds strength in witnessing the “best in human beings” – courage, selflessness, and a commitment to freedom.

III. The Possibility of Peace with Russia

Madvichuk expresses skepticism about the possibility of a lasting peace agreement with Vladimir Putin, stating that any signed agreement would likely be violated. The core issue is not simply achieving a ceasefire, but ensuring Putin understands that a full occupation of Ukraine is impossible. She criticizes the lack of serious discussion regarding robust security guarantees. She points to Donald Trump’s past proposals – a body headed by him to enforce peace – as unrealistic and ineffective, referencing his reliance on social media pronouncements which previously failed to halt the conflict.

Ukrainian public opinion towards Trump has evolved. Initially, some Ukrainians believed his promise to end the war in 24 hours, but this trust has diminished as the reality of his actions – particularly during his presidency – contradicted his rhetoric. She highlights that 2023, under Trump’s influence, was the “deadliest year for civilians” in the conflict, with a 31% increase in casualties compared to 2022.

IV. The Crucial Role of the “Human Dimension”

Beyond security guarantees, Madvichuk stresses the critical importance of the “human dimension” in any peace deal – a dimension she believes is currently being neglected. She details horrific abuses suffered by Ukrainian civilians, including the illegal deportation of 20,000 children to Russia, the detention of tens of thousands of civilians and prisoners of war, and systematic torture (beatings, rape, mutilation). She emphasizes that these are not abstract territorial disputes, but the lives and rights of millions of people. These individuals need to be heard, their rights protected, and their suffering acknowledged. She criticizes politicians for treating territories as “empty spaces” and failing to address the fate of the people living there.

V. European Responsibilities & the Need for a Justice Track

Madvichuk calls for greater vocal support from European nations, but also criticizes their historically “inactive position” and a pattern of “non-exalation management” – reacting weakly to Russian aggression, allowing it to escalate. She argues that Europe has allowed Russia to dictate the terms of engagement. She warns that Putin has openly expressed readiness for war with Europe, questioning whether Europe is prepared to defend itself.

She advocates for a parallel “justice track” alongside any peace negotiations, emphasizing that the ICC will continue its work regardless of any agreement. This track includes:

• Establishing a Special Tribunal for the Aggression against Ukraine: To prosecute the crime of aggression.
• Creating an International Registry of Damage: To document and assess the extent of the damage caused by the war.
• Utilizing Frozen Russian Assets: To provide reparations to Ukraine, estimated at 300 billion dollars.

She believes this is a crucial window of opportunity to ensure accountability and provide redress for victims. She calls for “bravery and historical responsibility” from European leaders, specifically questioning Germany, Italy, and France’s commitment to joining the Special Tribunal for Aggression.

VI. Restoring Belief in Justice & Ukraine’s Role

Madvichuk emphasizes the need to restore the broken belief in justice among those who have suffered. Justice means different things to different people – prosecution of perpetrators, compensation for losses, truth-seeking, and public recognition of wrongdoing. She stresses that Ukraine is not simply a recipient of international support, but a “strong contributor to European security.”

VII. Conclusion

The interview underscores the urgent need for a comprehensive approach to the conflict in Ukraine, one that prioritizes not only security guarantees but also the human dimension, accountability for war crimes, and a robust justice track. Madvichuk’s perspective highlights the importance of proactive leadership, historical responsibility, and a shift away from reactive strategies that have allowed Russia to escalate the conflict. She argues that Ukraine’s security is inextricably linked to the security of Europe, and that a failure to address the root causes of the conflict will have far-reaching consequences.