International tribunals very rarely recognized in absentia procedures, but they are now becoming more common. This is a response to modern challenges. The in absentia procedure is important as a legal fact: the court's decision determines the guilt of a person acting on behalf of the aggressor state, which also paves the way for the responsibility of the state itself.

This was stated by Deputy Attorney General Andriy Leshchenko during a discussion on the key challenges and prospects of the Special Tribunal's activities, organized by JustTalk and the International Bar Association.

“Among the future defendants of the tribunal may be individuals who manage and control the political and military actions of the state. Such powers should primarily stem not from a formal position, but from the real influence of a person on the formation of aggressive policy. The Tribunal's statute sets a rather high threshold for the 'leadership' of the crime of aggression, which should be assessed based on the evidence collected in each individual case. It can be assumed that even in the absence of a high position or title, a person's significant contribution to an aggressive war will allow them to be held internationally criminally responsible,” noted Andriy Leshchenko.

He emphasized that the decisions of the special tribunal will have the highest legitimacy and authority, and they will be recognized and enforced by other countries, not just Ukraine. We are working to ensure that the court's verdicts issued under the in absentia procedure are executed. Prosecutors and investigators are gathering evidence so that at the moment the tribunal is launched, it can be submitted for consideration to the Prosecutor of the Special Tribunal.

Photo: Anna Putilina for JustTalk