Objectives and desired results

1)        General objective

To provide systematic and reliable monitoring of court proceedings concerning war crimes and other international crimes in the designated regions of Ukraine, with particular attention to fair trial rights, procedural guarantees and the practical functioning of criminal proceedings, thereby contributing to the Project’s analysis, reporting and recommendations concerning accountability for international crimes.

2)        Specific objectives

• Monitor designated court proceedings concerning war crimes and other international crimes.

• Observe court hearings in accordance with the monitoring methodology and schedule agreed with the Project.

• Collect and record factual information concerning the conduct and progress of monitored proceedings.

• Assess, to the extent observable during hearings, issues related to fair trial rights and procedural guarantees.

• Complete monitoring questionnaires and other data-collection tools accurately and in a timely manner.

• Identify and report procedural developments, significant events, delays, interruptions, changes in the composition of the court, participation of parties and other relevant matters.

• Promptly communicate significant developments, challenges or incidents to the designated Project expert.

• Participate in regular coordination meetings with the National Key Expert and/or other designated Project experts.

• Contribute factual information and observations to periodic trial monitoring reports and other Project outputs.

• Participate, upon request, in the presentation and discussion of trial monitoring findings and reports.

3)        Anticipated results

• Regular and systematic monitoring of designated court proceedings.

• Reliable and continuously updated body of monitoring information.

• Improved understanding of the practical conduct of war-crime proceedings.

• Identification of recurring procedural challenges and issues related to fair trial rights.

• Timely identification of significant developments in monitored cases.

• Accurate and consistent completion of monitoring questionnaires.

• Evidence-based trial monitoring reports and recommendations.

• Improved coordination between court proceedings monitors and the Project’s legal and analytical experts.

Description of the assignment

1)        Planned activities

Monitors shall work under the overall supervision of the National Key Expert on Accountability for Core International Crimes: Legal Drafting and Analysis, or another designated Project expert, and in close coordination with the Project’s legal analysts and other relevant experts.

The Monitor shall perform the following activities:

• Identify and monitor designated court proceedings concerning war crimes and other international crimes in the assigned geographical area.

• Attend court hearings in person or, where agreed, monitor proceedings through available remote or electronic means.

• Monitor proceedings in accordance with the methodology, monitoring questionnaire, instructions and schedules agreed with the Project.

• Record basic information concerning each monitored hearing, including the court, case, date, type of hearing, procedural stage, participants and outcome.

• Document relevant procedural developments and events occurring during the hearing.

• Observe, to the extent possible, issues relevant to fair trial rights and procedural guarantees, including public access to hearings, participation of the parties, conduct of the proceedings, adjournments, delays and other relevant matters.

• Record information concerning the treatment and participation of victims, witnesses, accused persons, defence counsel, prosecutors and other participants, where relevant and observable.

• Identify and report issues that may require further legal or analytical consideration by the Project.

• Complete and submit monitoring questionnaires and related records within the deadlines established by the Project.

• Ensure that information recorded in monitoring questionnaires is factual, clear, accurate and based on direct observation or reliably available procedural information.

• Promptly inform the designated Project expert of significant developments, unexpected events, security-related limitations, cancellation of hearings or other circumstances affecting monitoring.

• Participate in regular coordination meetings and briefings with the National Key Expert, legal analysts and other monitors.

• Provide clarifications concerning submitted monitoring questionnaires and records when requested.

• Contribute factual information and observations to interim, periodic and final trial monitoring reports.

• Participate, upon request and subject to prior agreement, in the presentation of trial monitoring reports, findings and recommendations to relevant national and international stakeholders.

• Comply with all applicable confidentiality, data-protection, security, ethics and conflict-of-interest requirements.

• Perform other related monitoring tasks reasonably requested by the Project within the scope of the assignment.

The Monitor shall not be expected to conduct comprehensive legal analysis of court decisions or to provide formal legal opinions. Where legal or procedural issues arise, the Monitor shall record the relevant facts and refer the issue to the designated Project expert for further consideration.

2)        Anticipated deliverables

3)        Consultation

The Monitor shall work under the overall supervision of the National Key Expert on Accountability for Core International Crimes: Legal Drafting and Analysis and the relevant Pillar Team Leader.

The Monitor shall maintain regular communication with the designated Project expert concerning: the schedule and allocation of monitored proceedings, methodological questions, difficulties in accessing or observing hearings, significant procedural developments, issues identified during monitoring, the submission and clarification of monitoring questionnaires and reports.

The Monitor shall promptly communicate any circumstances that may affect the quality, timeliness or impartiality of the monitoring 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. The court proceedings to be monitored (online and offline) shall take place in the Kyiv city, Kyiv region, Chernihiv region, Sumy region, Kharkiv region, Dnipropetrovsk region, Zaporizhzhia region, Kherson region, Mykolaiv region, Odesa region.

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.