Statement by Deputy Permanent Representative of Ukraine to the UN Khrystyna Hayovyshyn at the screening of Stand Tall for the Rule of Law, a short film about the landmark summit in support of Ukraine on the 75th anniversary of the Genocide Convention and the Universal Declaration of Human Rights

Good evening ladies and gentlemen,

I am grateful to American Society of International Law New York Chapter for the opportunity to join you at this event and speak about our relentless journey towards accountability for the international crimes committed by the Russian Federation in and against Ukraine since the onset of its full-scale invasion over two years ago.

Accountability stands as a fundamental prerequisite for a sustainable and just peace. The pursuit of justice and the imperative to hold perpetrators accountable are critical in addressing the most severe violations of international law and in disrupting the cycle of impunity.

The rising number of armed conflicts globally underscores the failure of international law and the existing international security systems to uphold human rights and prevent conflicts. 

The lack of appropriate and strong response to the Russian Federation’s acts of aggression back in 2008 in Georgia, 2014 in Ukraine, and 2015 in Syria, set the stage for the full-scale invasion of Ukraine in 2022. History has shown that appeasing an aggressor never averts conflict – a lesson starkly ignored in 1938 and regrettably overlooked again today. 

We must learn from these mistakes and reshape our future responses.

The full-scale invasion of Ukraine represents the largest military conflict since World War II. The scale and severity of the atrocities committed are staggering, with over 125,000 incidents of war crimes recorded to date. Establishing a just peace in Ukraine necessitates more than merely a victory on the battlefield; it requires a robust enhancement of the international security framework to preclude future violations of international law.

This monumental challenge is not only for politicians and diplomats but for legal professionals as well. 

Should Ukraine fail, it would signify the demise of the Rule of Law and coming back to the Rule of Power. In fact, it would signify the rise of a new world order, predicated on violence and the disregard of fundamental human rights.

Thus, establishing a just peace in Ukraine is imperative for the preservation of a rule-based global order. 

A just peace entails ensuring accountability for those responsible for war crimes and securing appropriate compensation from the Russian Federation for the damages incurred.

This objective underscores the critical role of the legal community in achieving two pivotal goals: accountability and damage compensation.

It is unequivocal that every soldier and their accomplices who have perpetrated crimes should face justice. Moreover, it is essential that the leadership of the Russian Federation, responsible for the crime of aggression against Ukraine, is held accountable.

Ukraine alone cannot prosecute these acts of unwarranted aggression, and the International Criminal Court apparently lacks jurisdiction over this crime. The gap in the international justice framework necessitates the establishment of an ad hoc Special Tribunal for the Crime of Aggression to ensure accountability.

Likewise, international law currently lacks a mechanism for compensation, which historically, has been addressed through bespoke solutions. 

In collaboration with our international partners, Ukraine has developed a unique concept for an International Compensation Mechanism to address the damages caused by Russian aggression. 

This includes the International Register of Damage, a claims commission, and a compensation fund.

We are actively seeking solutions to address the challenges Ukraine is confronting. 

Nevertheless, it is crucial for international law to explore universal mechanisms for holding state leaders accountable when they violate international law. As well as for providing clear procedures to compensate for damages incurred. 

The establishment of such mechanisms will serve as a deterrent against future acts of aggression towards sovereign states.

Today, Ukrainians celebrate Vyshyvanka Day, and I stand before you in one which I proudly wear and which has around a hundred years old. We each embody unique cultures and traditions, and to safeguard our diversities, we need robust international laws that honor these differences while rallying around universally recognized norms of coexistence, encapsulated in human rights. If Rule of law fails, the law of violence will take its place, risking a future where our cherished national costume might one day be replaced by the uniform of an invader. 

Together we won’t let it happen.