In the midst of conflict and turmoil, the role of defence lawyers in Ukraine is paramount. These legal professionals stand as guardians of human rights, bastions of justice, and upholders of ethical standards in times of adversity. Against the backdrop of wartime challenges, the Ethics in Action workshop for defence lawyers in Kyiv, organized by the Centre for Law & Transformative Change (CLTC) and the Ukrainian Legal Aid Foundation, shed light on the crucial intersection of ethics and legal practice.
Our in-person workshop in Kyiv on March 11, 2024, addressed the vital role of lawyers in ethical practice during conflict. The workshop was led by CLTC’s co-founder Lionel Blackman and Gennadiy Tokarev, Attorney and Head of the Strategic Defence Centre of the Kharkiv Human Rights Protection Group.
Miriam Chinnappa, CLTC’s Executive Director, spoke on striving for a just, humane, and fair criminal justice system, particularly crucial in wartime Ukraine. Mykola Sioma, Director of Ukrainian Legal Aid Foundation, highlighted the pivotal role of Ukrainian lawyers as moral compasses in maintaining the integrity of the legal system while building public trust.
In the workshop, lawyers shared their perspectives on navigating external pressures, public reprisals, and laws punishing “collaborators of the enemy”. Ilyanda Oksana, a lawyer from Odesa, shared invaluable insights on defending those accused of collaborating, emphasizing the need for understanding wartime survival amidst occupation and coercion faced by the accused—a perspective often overlooked in society.
Shevchuk Anatoliy, an experienced lawyer from Kyiv, exemplifies the essence of ethical defence in wartime: “In times of war, it takes a lot of courage for a lawyer to defend the enemy… I defend alleged enemies not because I support them, but because by doing so, I am protecting our society.” This sentiment underscores the vital role of defence lawyers as guardians of societal values and the rule of law, even when faced with formidable challenges.
Oksana Ilyanda, hailing from Odesa, brings a unique perspective shaped by her experiences during occupation: “As a lawyer who experienced the occupation, I can say that my colleagues and I have a different perspective… We look at those accused of collaboration as people who survived coercion and threats.” Her words highlight the importance of empathy and understanding in legal advocacy, especially when dealing with contentious issues such as collaboration accusations.
Ihor Svyntsytskyi, a legal professional from Kyiv, underscores the delicate balance between public demand for justice and the fundamental right to defence: “There is currently a public demand for punishment… Lawyers and the government now have a lot of work to do to ensure that justice is not sacrificed.” His insights underscore the ethical tightrope that defence lawyers must walk, advocating for due process and fair trials amidst societal pressures and public sentiments.
The Ethics in Action workshop illuminated the indispensable role of defence lawyers as pillars of ethical advocacy in wartime Ukraine. By upholding principles of fairness, integrity, and empathy, these legal professionals not only safeguard individual rights but also contribute to the broader fabric of societal resilience and justice. As Ukraine navigates through turbulent times, the ethical compass of its defence lawyers must remain unwavering, guiding the nation towards a future built on the foundations of justice, accountability, and the rule of law.