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  • 11 hours ago
Oleksandra Matviichuk is a Ukrainian human rights lawyer whose non-profit investigated Russian war crimes after occupying parts of the Kyiv region. On the anniversary of the Bucha massacre, DW asked her why such war crimes are so hard to prosecute.
Transcript
00:00I was in Kyiv four years ago when large-scale war started. I refused to evacuate and with
00:05a part of my team we continued our work on the ground. And when the Russian army was pushed
00:11from Kyiv region, we immediately sent mobiles groups to Bucha, to Matyzin, to Erpin, to Vorzel,
00:18to other cities and settlements in Kyiv region. And we were shocked because we found dead bodies
00:25of civilians who lay scattered around the streets until their liberation. We found dead bodies of
00:31civilians in the gardens of their own households. We found dead bodies of civilians in mass graves,
00:38men and women with their hands tied under their back. We found dead bodies of civilians in cars,
00:46the whole family with children who were deliberately shot while they just trying to escape from the
00:52dangerous zone. So this was Bucha for me and my memory. Yeah, it's a terrible account. You have
01:03spoken of a painful gap between what has been documented among other organizations by yours,
01:09of course, and what has been prosecuted. What's keeping that evidence from reaching the courtroom
01:15and whose responsibility do you think it is to close that gap you speak of?
01:21We face with accountability gap which has several dimensions. The first is connected with an enormous
01:28amount of crimes which we are documenting because Russia uses war crimes as a method of warfare. So
01:38Russian soldiers are deliberately inflicted immense pain on civilians and committing murder, rape,
01:46torture and other kinds of crimes. It's just a tool how to break people's resistance and occupy the country.
01:54And it's difficult to investigate such a huge amount of crimes during the war, even for the best national
02:02system in the world. Ukraine hasn't the best national system in the world. We need international support to do it.
02:11And the second gap is the case that there is no international court that can prosecute Putin and his
02:19surroundings for the crime of aggression. Even international criminal court in the Hague have no such jurisdiction.
02:25The Council of Europe, very aware of that, working together with Ukraine is trying to establish a special
02:32tribunal for the crime of aggression against Ukraine. Does that give you hope?
02:38Yes, it was a revolutionary decision which the Council of Europe made last June to establish a special
02:45tribunal on aggression and to fill this gap. Because why it's important, all international crimes that we
02:53are documenting, it's a result of the leadership decision of Putin and his surroundings to break the
02:59peace and to start this bloody war. But almost a year has passed and just five countries have joined to
03:07special tribunal on aggression. And we are waiting when Germany, when other countries will join to this
03:16court, because it's not Putin who prevent this to happen. It's a question of historical responsibility
03:24and courage of European leadership. Moscow has already announced that it will reject the body's
03:31legitimacy and consider participation in a hostile act. Does that mean in a way that the tribunal is
03:37doomed to fail or how could it still fulfill its mission? Moscow can reject reality, but it doesn't mean that
03:46we have to do nothing. Moscow will ignore all decisions of international organizations and break
03:54all provisions of international law. So there is no surprise in such attitude of Moscow to special
04:03tribunal on aggression. The surprise for me is this delay. Once again, I don't understand why Germany,
04:10why other countries are not still there. When you speak to survivors from Bucha directly, what do they
04:18tell you about what justice means to them? I spoke with people affected by this war directly multiple times,
04:28and I know that they see justice very differently. For some people, justice means to see their perpetrators
04:35behind the bars. For another people, justice means to get compensations. And without compensations, they will
04:42feel unsatisfied. For some people, justice means just to know truth, what happened with their beloved
04:49ones. For another people, justice means a possibility to be publicly heard and to get this public recognition
04:57that something would happen with them and their families. It's not just immoral, but also illegal. And we need
05:04to build a comprehensive justice strategy to reach all these needs. U.S. President Donald Trump ran
05:11on the promise of ending the war on day one of his return to the White House. And you have
05:16fiercely
05:16criticized leaked U.S.-Russian peace proposals that include amnesties for war crimes. And you've warned
05:23that this would embolden aggressors around the world. Where would or what would an agreement of that sort
05:32mean to you if it really came to pass and be part of a peace deal for Ukraine?
05:38We have no illusion. Justice is not a value for United States administration. As well, it's very naive to
05:47think that Russia will sign any peace treaty with a point or with accountability. So our goal is clear. We
05:55have
05:55to make justice as independent international parallel track to all peace negotiation process. What do I
06:03mean? International Criminal Court don't care what will be in peace treaty. International Criminal Court
06:10will not stop its investigation, will not withdraw its arrest warrants. So our task is, while we still
06:18have window of opportunity, to create several more such international institutions like
06:23special tribunal and aggression, international registry of damage and to confiscate Russian frozen assets
06:31because justice has also financial side and people need compensations for crimes that Russia committed.
06:38There's Nobel Peace Prize laureate Aleksandra Madvychuk. Thank you so much for your time. All the best to you.
06:44Thanks.
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