Lithuania and Ukraine are leveraging international law and historical precedents to seek justice for Russian war crimes and uphold the global rules-based order.

After Russia’s full-scale invasion of Ukraine in 2022, many nations and international institutions rallied to defend Ukraine through the mechanisms of international law. Yet, over two years into the war, the grim reality has become apparent: international law, in its current form, is powerless to stop the ongoing conflict or hold the Russian regime accountable for its well-documented atrocities.

A United Nations Commission tasked with investigating war crimes conducted by Russian forces has determined that such crimes have been committed against Ukraine. According to the Commission’s findings, published in September 2022, their visit to Ukraine in June 2022 revealed significant destruction caused by explosive weapons with wide-ranging effects. These weapons damaged residential areas, infrastructure, schools, and hospitals. Several attacks examined by the Commission failed to distinguish between civilian and military targets.

According to the Commission’s report, “Based on its investigations into events in the regions of Kyiv, Chernihiv, Kharkiv, and Sumy, the Independent International Commission of Inquiry on Ukraine has concluded that war crimes have been committed in Ukraine. The Commission has documented violations, such as the illegal use of explosive weapons, indiscriminate attacks, violations of personal integrity, including executions, torture and ill-treatment, and sexual and gender-based violence. It also found that the rights of children have been violated.”

With deliberate and increasingly severe crimes against Ukraine, Russia exhibits unwavering confidence in its impunity and disregard for globally accepted norms. What, then, can Ukraine, a nation locked in a bitter war against a nuclear-armed aggressor, and Lithuania, a small Baltic country, do to strengthen international law and safeguard the idealistic principles of the post-World War II legal order?

Ukraine has taken a leading role in seeking justice for Russia’s war crimes, with Lithuania as a fervent ally. Together, their efforts echo the enduring legacy of the Nuremberg Trials, which not only prosecuted Nazi leaders but also laid the foundation for modern international law. The Nuremberg Trials shaped the laws of war, deterred future aggressions, and introduced the principle of individual accountability for political and military leaders. It also inspired the creation of global institutions like the International Criminal Court (ICC) in 2002. Yet, the international legal order remains riddled with challenges: selective justice that focuses disproportionately on certain powers, political interference by influential states, limited enforcement capacity, lack of universal jurisdiction, and resource constraints that hinder the investigation and prosecution of large-scale crimes.

In this fragile context, it is unsurprising that the Russian regime and its leadership feel immune to prosecution, disregarding the ICC’s arrest warrants issued against Vladimir Putin and Maria Lvova-Belova, Russia’s Commissioner for Children’s Rights, for the deportation of Ukrainian children. Similarly, the Kremlin dismissed warrants issued in 2024 against top Russian military commanders.

Moscow’s defiance is rooted in history. After the Soviet Union’s collapse in the early 1990s, no Nuremberg-like tribunal was convened to address decades of Soviet crimes in occupied nations like Lithuania and Ukraine. The Western allies of World War II, wary of antagonizing a militarized Soviet Union, opted for a tolerance policy, prioritizing peace over justice.

Echoing calls for accountability, UN Secretary-General António Guterres and Ukrainian President Volodymyr Zelensky have stressed that justice is fundamental to achieving secure and lasting peace. Despite limited success, Ukraine seeks justice through the ICC, the International Court of Justice (ICJ), and the European Court of Human Rights (ECtHR). The ECtHR, established in 1959 and armed with decades of experience addressing genocide, war crimes, and crimes against humanity, has proven particularly pivotal. Following Russia’s 2022 invasion, the ECtHR issued interim measures ordering Moscow to cease attacks on civilians and civilian infrastructure, which, of course, was ignored.

Several critical cases remain pending at the ECtHR. One addresses events in Crimea, consolidating claims filed in 2014, 2015, and 2018. The Court’s Grand Chamber issued a landmark ruling in June 2024, declaring that Russia violated nearly all substantive rights and freedoms of the European Convention since 2014. Another significant case involves Russia’s military actions in eastern Ukraine, including the downing of Malaysia Airlines Flight MH17 and Russia’s 2022 invasion. This case, involving more than 8,500 individual applications and 26 third-party states, represents the largest and most complex undertaking in the ECtHR’s history.

Meanwhile, Ukraine’s domestic courts have also sought justice. By April 2023, roughly 80,000 incidents of potential war crimes had been recorded, leading to 31 convictions of Russian nationals. These efforts reflect a broader push to expose and punish Russian atrocities.

Lithuania’s staunch support for Ukraine is deeply informed by its own experience of Soviet occupation. After decades of seeking justice for Soviet crimes, Lithuania achieved some success through the ECtHR. In rulings such as Vasiliauskas v. Lithuania (2015) and Drėlingas v. Lithuania (2019), the Court acknowledged Soviet genocidal intent, redefining to some extent the concept of genocide to include the targeting of politically influential Lithuanian nationals. These cases have brought symbolic justice and challenged ongoing efforts to whitewash Soviet history.

Lithuania has matched its moral commitment with tangible actions. It was among the first to refer Ukraine’s case to the ICC and has been instrumental in the establishment of a Joint Investigative Team under Eurojust to gather evidence of Russian war crimes. In 2023, Lithuania’s Prosecutor General launched a pre-trial investigation into the alleged illegal transfer of more than 2,000 Ukrainian children to Belarus, a case that may constitute genocide.

Lithuania has also spearheaded calls for a special tribunal to prosecute Russia for its crime of aggression. Such a tribunal, however, faces significant legal and political hurdles. Options under consideration include amending the ICC’s Rome Statute—unlikely given member-state opposition—creating a hybrid Ukrainian-international court or establishing an international tribunal through the UN General Assembly. Each option is fraught with challenges, from jurisdictional issues to questions of political feasibility.

President Zelensky has championed the creation of an ad hoc tribunal dedicated to prosecuting Russia’s leadership for the crime of aggression. Backed by a coalition of 40 nations, this initiative represents a significant step in overcoming the ICC’s jurisdictional limitations. By addressing the immunity high-ranking officials enjoy, such a tribunal would signal a renewed commitment to international law.

The road to accountability is arduous. Yet, the collaboration between Ukraine and Lithuania exemplifies the enduring relevance of Nuremberg’s principles. Lithuania’s Deputy Minister of Justice, Gabija Grigaitė-Daugirdė, noted, “Lithuania has repeatedly advocated the need to establish a special tribunal and use legal mechanisms to implement the states’ obligations to international law, to ensure the criminal responsibility of the regimes of Russia and Belarus.” Holding Moscow accountable is not just about justice for Ukraine; it is about defending the global rules-based order against erosion by aggression.

Lithuania’s role as both a moral and legal advocate underscores the importance of smaller nations in safeguarding international principles. For Ukraine, justice remains inseparable from its broader fight for sovereignty and security. Together, their efforts are a testament to the enduring power of law in the face of war and impunity.

This article has received funding from the Research Council of Lithuania (LMTLT). Project title: Seeking justice for the victims of genocide, mass repression and war in Lithuania and Ukraine: law, history, memory. Agreement No. S-MIP-23-41.