Defending the Indefensible: Ukrainian Lawyers Grapple with Moral Dilemma
In the heart of Ukraine, where the scars of war are etched into the landscape and its people, a group of over 200 attorneys, including Khrystyna Vrashchuk, face a profound moral quandary. Tasked with defending suspected Russian war criminals and their local collaborators, these lawyers navigate the treacherous waters between upholding the rule of law and grappling with the emotional toll of their work.
Vrashchuk, a 42-year-old Kyiv-based lawyer, recounts the harrowing experience of arguing in court against a Ukrainian woman seeking justice for her husband and brother, allegedly tortured to death by Russian soldiers. Despite her personal turmoil, Vrashchuk successfully challenged the woman’s evidence of relation, a move that left her yearning to cleanse herself of the day’s proceedings.
While Russia continues to deny allegations of war crimes, Ukrainian authorities are investigating over 120,000 such cases since the full-scale invasion began in February 2022. The United Nations reports more than 30,000 civilians have been affected by the conflict. Prosecutor General Andriy Kostin has disclosed at least 81 convictions, with over 500 suspects identified.
In a notable trial in Chernihiv, 15 Russian soldiers were sentenced in absentia for holding hundreds hostage, resulting in multiple deaths. Despite the complexities, Vrashchuk was able to secure the inclusion of the woman she initially opposed in the legal proceedings.
With a caseload that includes defending Russian soldiers and local collaborators, Vrashchuk admits to feeling a burden of guilt. Seeking solace, she asked forgiveness from a military-serving relative, receiving an emotional reprieve that enabled her to persevere in her duties.
“We approach this job cold-blooded: the law above all else,” she stated, encapsulating the stoic professionalism required in such challenging roles.
Oleksandr Baranov, head of the Coordination Center for Legal Aid Provision, notes that attorneys have received around 700 orders related to Ukraine’s war-crimes statute. An additional 4,000 cases involve other wartime crimes by suspected Ukrainian collaborators.
Donetsk native Artem Halkin, whose own home was destroyed in the invasion, embodies this dispassionate professionalism. He has worked on numerous cases, including one where he successfully argued for a retrial of a Russian soldier accused of murder due to procedural inadequacies.
Halkin’s intricate legal battles often involve reclassifying charges to align more accurately with the facts at hand. “Naturally as a defence attorney, regardless of the person … I want to achieve the most positive result for them,” he said.
Baranov emphasizes the importance of Ukraine distinguishing itself from Russia’s alleged mistreatment of prisoners and show trials. He warns that subpar legal work could lead to future challenges and insists on maintaining a delicate balance between law and justice.
As these attorneys confront their professional responsibilities amidst a backdrop of national trauma, they remain steadfast in their commitment to justice, ensuring that even those accused of the most egregious acts are afforded their legal rights under Ukrainian law.
