Objectives and desired results

1)        General objective

To provide systematic legal and analytical expertise on Ukrainian judicial practice in proceedings concerning war crimes and other international crimes through the review and analysis of court decisions available in the Unified State Register of Court Decisions, supporting the identification of emerging judicial approaches, legal and procedural gaps, inconsistencies and challenges in the adjudication of international crimes, and contributing to evidence-based recommendations aimed at strengthening accountability and the effective, fair and consistent application of national and international legal standards in Ukraine.

2)        Specific objectives

• Systematically identify, review and analyse court decisions concerning war crimes and other international crimes available in the Unified State Register of Court Decisions.

• Identify and assess emerging and established judicial practice concerning the legal qualification, investigation, prosecution and adjudication of international crimes.

• Analyse the interpretation and application by Ukrainian courts of relevant provisions of national criminal and criminal procedural law, as well as applicable international humanitarian law, international criminal law and human rights standards.

• Identify divergent, inconsistent or evolving judicial approaches to substantive and procedural issues arising in national proceedings on international crimes.

• Analyse judicial approaches to the assessment, admissibility, reliability and sufficiency of evidence in proceedings concerning international crimes.

• Examine procedural safeguards and fair trial considerations, including issues related to trials in absentia and the procedural rights of victims and accused persons, where reflected in the analysed decisions.

• Identify recurring legal and practical gaps and challenges in the adjudication of international crimes and assess their implications for accountability.

• Contribute evidence from judicial practice to Project analytical products, policy recommendations, capacity-building activities and other interventions supporting accountability for international crimes.

3)        Anticipated results

• A structured and continuously updated body of analysed Ukrainian judicial practice concerning war crimes and other international crimes.

• Improved understanding of how Ukrainian courts interpret and apply national and international legal standards in international crimes proceedings.

• Identification of significant judicial trends, emerging approaches and divergent practices.

• Identification of recurring evidentiary, substantive and procedural challenges.

• Improved evidence base for the Project's legal and policy advice concerning accountability for international crimes.

• Evidence-based recommendations for relevant justice-sector institutions and professional communities.

• Analytical inputs for Project reporting, policy documents, capacity-building activities and other interventions.

• Regular briefing and informing the National Key Expert on Accountability for Core International Crimes: Legal Analysis and Drafting on the developments in national adjudication of international crimes cases.

• Production of structured analytical findings and recommendations for the PravoJustice4EU Programme and relevant Ukrainian and international stakeholders.

• Contribution to drafting of periodical reports on outcomes of the Project “Monitoring of Court Proceedings and Analysis of Court Decisions 

Description of the assignment

1)        Planned activities

The Expert shall work under the supervision of the National Key Expert on Accountability for Core International Crimes: Legal Drafting and Analysis and in close coordination with relevant PravoJustice4EU experts. The Expert shall perform the following activities: 

• Systematically identify and review court decisions concerning war crimes and other international crimes available in the Unified State Register of Court Decisions.

• Select and classify relevant court decisions according to the type of international crime, legal qualification, court instance, procedural stage and other analytical criteria agreed with the Project;

• Analyse the reasoning and legal findings contained in court decisions, with particular attention to the interpretation and application of Ukrainian legislation relevant to the prosecution and adjudication of war crimes and other international crimes.

• Analyse the application by Ukrainian courts of relevant principles and standards of international humanitarian law, international criminal law and international human rights law, where reflected in judicial decisions.

• Examine judicial approaches to the qualification of conduct as war crimes and other international crimes, including the interpretation of relevant elements of the offences and their relationship to the context of the armed conflict.

• Analyse judicial approaches to evidence, including the assessment of the relevance, admissibility, reliability and sufficiency of evidence relied upon in decisions concerning international crimes.

• Systematically coordinate with monitors the results of trial monitoring in the designated regions of Ukraine, paying specific attention at the issues and challenges related to fair trial rights and procedural guarantees.

• Examine procedural issues arising in international crimes proceedings, including, where relevant, jurisdiction, procedural guarantees, trials in absentia, victims' procedural rights and other fair-trial considerations.

• Identify significant, emerging, divergent or inconsistent approaches in the judicial practice of different courts and judicial instances.

• Monitor developments in judicial practice over the course of the assignment and identify changes in the interpretation or application of relevant legal provisions.

• Identify recurring legal, evidentiary and procedural gaps and challenges in the adjudication of international crimes.

• Prepare analytical summaries, thematic analyses and other analytical products based on the reviewed court decisions and/or the information received from monitors, as requested.

• Maintain an organised record of the court decisions reviewed and ensure that analytical findings can be traced back to the underlying judicial decisions.

• Discuss significant findings and emerging issues with the designated Key Expert and other relevant Project experts.

• Provide analytical inputs to Project reports, legal and policy analyses, recommendations, presentations and other products related to accountability for international crimes.

• Formulate evidence-based observations and recommendations aimed at improving the consistency, quality and effectiveness of judicial practice concerning international crimes.

• Draft interim and final reports on monitoring of court proceedings and analysis of court decisions with specific attention to the questions of fair trial rights and procedural guarantees under the requirements of the ECtHR, as well as recommendations to all relevant actors of the criminal justice chain in Ukraine.  

2)        Anticipated deliverables

3)        Consultation

The Expert shall work under the overall supervision of the PravoJustice4EU Programme National Key Expert on Accountability for Core International Crimes: Legal Drafting and Analysis and the relevant Pillar Team Leader, in close coordination with Pillar Key Experts responsible for accountability for international crimes and other relevant Project experts.

The Expert shall maintain regular consultations concerning the methodology, scope and emerging findings of the analysis. Significant legal developments, divergent judicial approaches, methodological challenges or other issues requiring further consideration shall be promptly communicated to the Project.

The Expert shall remain responsible for the quality, accuracy, consistency and timely submission of outputs within the scope of the assignment.

4)        Implementation period

Start date: October 2026

End date: June 2030

Effective duration of the assignment: 45 months

The implementation period, level of effort and detailed schedule shall be established in the expert’s contract and/or task orders. Activities may be adjusted by Expertise France depending on Programme needs, beneficiary requests and implementation priorities.

5)        Place of performance

The assignment shall primarily be performed in Ukraine and remotely, as appropriate. Participation in meetings, consultations and other Project activities may take place in person or online, subject to prior agreement with the Programme Key Expert and applicable security and contractual arrangements.

Assignment reports

The expert shall provide periodic activity and progress reporting in accordance with the contractual modality and Programme procedures. This may include monthly or periodic progress reports and timesheets, as applicable, summarising work performed, tasks completed, documents prepared or reviewed, meetings and consultations attended, outputs produced, issues encountered and proposed next steps. All substantive deliverables shall be submitted to Expertise France for review and acceptance, and consolidated comments shall be addressed within the agreed timeframe.

Monitoring-evaluation

Performance indicators

Practical information

The expert shall comply with all applicable Expertise France contractual, administrative, security, confidentiality, data-protection, ethics, conflict-of-interest and visibility requirements. Participation in travel, events or activities outside the normal place of performance shall be subject to prior approval and applicable Programme procedures.

Working languages are Ukrainian and English. Deliverables shall be prepared in the language requested by the Key Expert, with preference given to the Ukrainian language. The level of effort includes preparation, meetings, consultations, analysis, drafting, consultations, presentations and revision of outputs.