The Rule of Law versus the Law of Force: In Search of Political Will

Exclusive interview with Mark Ellis, expert in international criminal law and Executive Director of the International Bar Association (IBA), as published by Interfax-Ukraine

Text: Oksana Gerontieva

The international legal process of bringing the Russian Federation and its leadership to justice for war crimes in Ukraine is a “long-term game”. Ukrainian verdicts are mostly “in absentia”, but past tribunal experience shows that expecting justice is not naive, but an understanding of the time it takes for historical justice to be served.

In an insightful interview with Ellis, we discuss the political will of the world’s nations to uphold global order, the patience of Ukrainians, the inevitability of punishment for dictators, and many other philosophical and substantive legal issues.

National Investigations and Ukrainian`s patience

This isn’t your first visit to Ukraine since the war broke out. As an expert, could you evaluate our achievements and shortcomings in the context of the rule of law, with a particular focus on the investigation of crimes perpetrated by the Russian Federation?

This is my 14th visit to Ukraine since the start of the full-scale invasion, so I would like to share my perspective and observations.

The first thing to mention is the scale of the war crimes committed by Russia in recent years. We're talking about over 250,000 documented crimes! Russia has committed every war crime known against Ukraine.

Secondly, Ukraine is holding people accountable for atrocity crimes while the war is still ongoing. That’s unique! Investigating and prosecuting war crimes is a complex process in itself, and it's even more difficult during a war. And that is what Ukraine is doing!

Thirdly, your national