Objectives and desired results

1)        General objective

To provide high-quality legal analysis, advisory support and capacity-building assistance on international crimes cases and proceedings in Ukraine, thereby contributing to the effective investigation, prosecution and adjudication of core international crimes in accordance with Ukrainian legislation and applicable international legal standards.

2)        Specific objectives

·        Support the alignment of national criminal and criminal procedural legislation with the Rome Statute and international law;

·        Support implementation of the OPG Strategy for the Exercise of Powers of the Prosecuting Authorities in Criminal Prosecution of International Crimes for 2026–2028 and its Action Plan;

·        Support the development of investigative standards for specific CIC cases, based on which investigators and prosecutors will build cases;

3)        Anticipated results

• High-quality legal analyses on  thematic case reviews of selected proceedings concerning core international crimes, assessing legal qualification, evidentiary sufficiency, case theory and modes of liability etc.

•. Approach to criteria for prioritising and selecting proceedings, including regional differentiation, and advise on their application in practice developed.

• Advise on methodology for identifying patterns of criminal conduct across geographically dispersed incidents, and on consolidating related proceedings.

•. Improved capacity of relevant Ukrainian authorities to apply domestic criminal legislation and international legal standards.

• Legal advise on approaches to building leadership-level and command-responsibility cases, including sequencing relative to lower-level proceedings.

• Enhanced understanding of the interaction between Ukrainian criminal law, international criminal law, international humanitarian law and customary international law.

• Evidence-based recommendations addressing recurring legal and procedural challenges.

• Improved quality and consistency of legal reasoning in international crimes cases and proceedings.

• Strengthened capacity of the Office of the Prosecutor General of Ukraine and other relevant beneficiaries to investigate and prosecute international crimes.

• Increased professional knowledge and practical skills of justice-sector practitioners through training and capacity-building activities.

•  Training materials, case-based exercises and trainer guides developed.

• Legal expertise integrated into Project outputs and technical assistance activities.

Description of the assignment

1)        Planned activities

The Expert 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, and in close coordination with other Project experts and relevant beneficiary institutions.

The Expert shall perform the following activities:

·        Provide expert advice and practical support to Ukrainian investigative and prosecutorial authorities in the development and review of cases concerning core international crimes, including legal qualification under the Criminal Code of Ukraine, evidentiary assessment, case theory, modes of liability and linkage evidence.

·        Provide expert advice and support on investigative and prosecutorial strategies, including the prioritisation and selection of cases, the development of complex and leadership-level cases, and approaches to establishing patterns of criminal conduct and command structures, taking account of the specific features of registered proceedings across different regions.

·        Advise on evidentiary and procedural issues arising under the Code of Criminal Procedure of Ukraine in complex international-crimes cases, including the admissibility, authentication, chain of custody and use of documentary, digital, open-source, testimonial and other forms of evidence, and the treatment of evidence obtained through international cooperation.

·        Analyse emerging Ukrainian judicial practice in proceedings concerning core international crimes, including first-instance and appellate decisions, and identify implications for case construction, qualification and prosecutorial strategy.

·        Prepare legal opinions, analytical notes, thematic legal analyses and other expert products on the application of international criminal law, international humanitarian law and international human rights law within domestic criminal proceedings.

·        Assess the compatibility of legislative proposals with the Constitution of Ukraine, the general part of the Criminal Code and the internal logic of the Code of Criminal Procedure, identifying conflicts with existing provisions and consequences for practice.

·        Provide expert input into legislative and policy initiatives concerning accountability for core international crimes, including participation in the interagency working group on harmonisation of legislation, support to the preparation of explanatory notes and accompanying documents, and accompaniment of draft laws through parliamentary consideration where requested.

·        Support the developmen and practical application of guidelines, methodologies, standard operating procedures, practical tools and training materials, ensuring consistency with existing OPG regulatory acts and departmental instructions.

·        Facilitate consultation on draft standards and methodologies with regional prosecutor's offices, the SSU Main Investigation Department and the National Police, and consolidate the resulting comments.

·        Adapt international and comparative materials into the Ukrainian legal and procedural context, including terminology, so that they are directly usable by practitioners.

·        Design and deliver capacity-development activities in Ukrainian on IHL, ICL and related procedural and evidentiary matters for investigators, prosecutors, judges and court staff, defence counsel and other relevant justice-sector professionals, in cooperation with the Training Centre for Prosecutors of Ukraine.

·        Maintain regular working contact with the relevant departments of the Office of the Prosecutor General and regional offices in order to track implementation of agreed measures, identify obstacles and propose remedial action.

·        Participate, where required, in expert working groups, case-review groups, consultations and coordination mechanisms involving Ukrainian authorities, international experts and partner organisations.

·        Contribute to strengthening cooperation and knowledge exchange between investigative, prosecutorial and judicial actors, including the dissemination of lessons learned and good practices arising from Ukrainian proceedings.

·        Participate in regular coordination meetings, briefings and consultations with the National Key Expert, the relevant Pillar Team Leader and other Project experts, including the international expert engaged under the parallel assignment.

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

2)        Anticipated deliverables

3)        Consultation

The Expert shall work under the overall supervision of the National Key Experts and the Pillar II Team Leader.

The Expert shall maintain regular communication with the designated Project experts concerning the prioritisation and allocation of legal analysis and advisory tasks; the scope, methodology and expected outputs of legal analyses; legal questions and factual materials requiring assessment; consultations with the Office of the Prosecutor General of Ukraine and other relevant beneficiaries; the preparation and delivery of training, workshops and capacity-building activities; the submission, review and revision of deliverables; any circumstances that may affect the quality, timeliness or impartiality of the assignment.

The Expert shall promptly communicate any potential conflict of interest, confidentiality concern or other circumstance that may affect the performance 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.