Ukraine needs to delineate collaborationism, treason and war crimes more clearly — Director of the Institute of Human Rights of the Association of Lawyers of Ukraine

Ukrainian legislation needs a clearer delineation of the elements of crimes related to collaborationism, treason and war crimes, believes Inna Linova, Director of the Institute of Human Rights of the Association of Lawyers of Ukraine.

In an interview with the Interfax-Ukraine agency she noted that the practice of considering collaboration cases remains ambiguous. According to her, civil society organizations have already recorded cases in which criminal liability was imposed on persons who, under international humanitarian law, may belong to protected categories.

This concerns, for example, municipal workers who continued to clean the streets during the occupation, doctors who continued to work in hospitals, or teachers who ensured the basic functioning of local institutions. Under international humanitarian law, such actions may be regarded as maintaining the viability of the region rather than as criminal cooperation with the occupying authorities.

A different situation, Linova stressed, arises when a person passes on information about the location of Ukrainian troops, directs fire, holds senior positions in occupation bodies, or heads a police department or a local administration under Russian control. In such cases there may be grounds for criminal prosecution, but here too the right to defense must be ensured.

Separately, Linova cited the example of employees of the Zaporizhzhia NPP. According to her, if a person performs technical or professional functions necessary for the safe operation of a nuclear power plant, this in itself is not a crime. But if it concerns administrative and managerial functions in the interests of the occupying authorities, the assessment may be different.

The expert believes the problem lies in the imperfection of the legislation: some elements of crimes overlap, and a clear line between treason, collaborationism and war crimes is not always obvious.

According to her, the Office of the Prosecutor General is working on a draft law that is intended to systematically bring Ukrainian criminal and criminal procedure legislation into line with the Rome Statute.

Such a reform is important not only for domestic judicial practice but also for Ukraine's international reputation. Cases on war crimes and collaborationism are closely monitored by international organizations, and the quality of court proceedings can affect partners' trust, European integration and future compensation mechanisms.