War Crimes on Trial: CEELI’s Summer School for Ukrainian Lawyers

The trial against Kenan Velor and Nadin Tarus hinged on a key, if hypothetical, question: Did the fictitious defendants commit war crimes when they targeted a building in the made-up city of Jento?

To the prosecution—Ukrainian law students and junior lawyers enrolled in CEELI Institute’s summer school—the answer was obvious: The men’s role in the rocket attack was illegal, end of story. But to the defense team, this was a case of misplaced frustration. Two sides were at war, and the attack, however horrific (and fictitious), was justified.

Since the start of Russia’s full-scale invasion of Ukraine in February 2022, international legal experts have been working to lay the future groundwork for holding Moscow to account for its commission of atrocities. Part of that preparation took place at Villa Grébovka in mid-July, when judges and legal scholars gathered with Ukrainian law students and young professionals for CEELI’s third annual summer school, “Legal Skills in a Time of War.” The intensive two-week curriculum ranged from developing general trial advocacy skills to navigating the intricacies of international humanitarian law.

The first week was wholly interactive, with the participants on their feet all day testing out newly learned skills in witness interviewing, direct and cross-examination, and open and closing techniques in small group exercises. Special emphasis was placed on interviewing trauma victims, guided by U.K. expert Olivia Wilson-Bushell—a topic familiar to many participants through their volunteer work with Ukrainian organizations back home. The first week came to a close with the participants huddled in small groups late into the evening, preparing for the culminating mock trials the following day, during which they displayed their newly sharpened courtroom skills.

The second week turned to substantive international crimes led by a group of world-class experts. Judge Kimberly Prost, the renowned Canadian jurist currently serving on the International Criminal Court, discussed strategies and challenges for prosecuting crimes against humanity, genocide, and other atrocity crimes. Drawing on her decades of experience, both as part of the Canadian team that negotiated the Rome Statute of the International Criminal Court and as a jurist first at the International Tribunal for the former Yugoslavia ICTY) and now the ICC, Judge Prost walked the group through the language and history of each offense.  

During a panel about legal accountability in Ukraine, experts explored the importance of state cooperation, the limitations of trials in absentia, and the role of global support for Ukrainian courts. Among the chief concerns identified were issues related to gathering evidence and verifying its authenticity, especially digital evidence.

“It's very difficult and shows our limits as classical lawyers,” explained Iryna Marchuk, an associate professor of law at Copenhagen University. “We are simply not trained to distinguish a genuine piece of digital evidence from an inauthentic one.”

As the second week ended, mock trial participants gathered around the bench of Camille D. Bibles, a U.S. magistrate judge in Flagstaff, Arizona who also served twice at the ICTY during her distinguished career. Had their oral arguments won her over, the students wondered?

“I thought both teams’ opening statements did a nice job drawing attention to the facts,” said Judge Bibles. “Regarding the theory of the case, that’s something many young lawyers struggle with—figuring out how to weave the theory into the questions they ask.”

Another topic of concern: how to deal effectively with uncooperative witnesses. “Slow down,” the judge advised. “The slower you go in your direct and cross-examinations, the more in control you will be.”

As the participants reflected on their experience, it was clear that CEELI Institute’s summer school had achieved more than a classic training experience—it provided a crucial learning ground for young lawyers who will soon face the very real challenges of prosecuting war crimes. We look forward to seeing the significant impact these talented young lawyers will undoubtedly make in holding criminals to account and bringing justice to Ukraine.

This article was funded by a grant from the United States Department of State. The opinions, findings, and conclusions stated herein are those of the author and do not necessarily reflect those of the United States Department of State.