Strengthening Restorative Justice in Ukraine: International Pathways towards National Success
[Restorative justice is] any process which enables those harmed by crime, and those responsible for that harm, if they freely consent, to participate actively in the resolution of matters arising from the offence, through the help of a trained and impartial third party. – 2018 Council of Europe Recommendation
From 07-09 October 2024, the Netherlands Helsinki Committee hosted a workshop that brought together professionals from across Europe to advance the dialogue on restorative justice and its applications in the Ukrainian justice system, as part of our project on Advancing Justice and Accountability in Ukraine. This project is carried out together with the International Development Law Organization (IDLO, leading partner), T.M.C. Asser Institute and the Center for International Legal Cooperation (CILC), thanks to the kind support of the Netherlands Ministry of Foreign Affairs.
Entitled “Strengthening Restorative Justice in Ukraine: International Pathways towards National Success”, this event aimed to provide Ukrainian practitioners with a comprehensive understanding of international restorative justice standards, drawing heavily on experiences from the Netherlands and Northern Ireland. These regions have long championed restorative justice practices that emphasise dialogue, accountability, and rehabilitation, even in severe cases involving homicide or sexual violence. By integrating such models, Ukraine seeks to foster a system that prioritises fairness and human dignity, balancing accountability with the opportunity for reformation—particularly for young offenders.
One of the core topics was child-friendly justice, explored through presentations and interactive panels led by experts like Dr. Annemieke Wolthuis of Restorative Justice Netherlands and Tim Chapman, known for his work in child-focused restorative justice. The discussions underscored the importance of trauma-informed approaches and the role of mediators in creating a safe space where children’s voices are heard. This child-centric perspective aligns with European and international priorities, ensuring that justice systems respect the rights and developmental needs of minors.
The workshop also provided a platform for mutual learning. Ukrainian participants, amongst them representatives from the court, the Office of the Prosecutor General, the Institute of Peace and Common Ground, the Pravo-Justice Project , “Free Legal Aid”, the Ministry of Justice and individual mediators, shared insights about the specific challenges they face working with juvenile offenders in a country navigating the repercussions of a full-scale war. Their stories resonated with colleagues from the Netherlands and Northern Ireland, demonstrating shared struggles and inspiring solutions. For example, the Netherlands reported handling over 40,000 restorative justice cases since the 1990s, a testament to the approach’s scalability and adaptability across diverse legal landscapes.
Training and qualifications of mediators formed another vital component of the program. Panel discussions delved into how mediator training in Ukraine currently operates and the skills that should be prioritized for alignment with restorative justice principles. Emphasis was placed on the need for mediators to maintain impartiality, manage power imbalances effectively, and ensure that mediation processes remain safe and constructive. Such competencies are crucial for mediators handling cases involving vulnerable groups, including children.
A significant takeaway was the discussion on the code of ethics for mediators. Facilitators and panelists highlighted that maintaining ethical standards ensures mediators navigate complex situations with fairness and impartiality, crucial for building trust in the process. Recommendations included developing standardised frameworks for mediator certification to promote consistency in training and practice across Ukraine’s various regions.
Overall, the workshop not only offered valuable insights and practical tools but also served as a reminder of the resilience and commitment of Ukrainian justice professionals. Despite ongoing challenges, their dedication to incorporating restorative principles and child-friendly practices reflects a powerful move toward a more empathetic and effective justice system. By fostering international partnerships and drawing from successful models, Ukraine is on a path to strengthen its restorative justice system—one that upholds human rights and lays the groundwork for societal healing.
