Standards for the Investigation of Unlawful Deportation, a practical guide for investigators and prosecutors working on war crime cases
War crimes in the form of unlawful deportation or transfer have become a systematic challenge for the Ukrainian criminal justice system. This refers to the transfer of civilians, including children, prisoners, and the elderly, from the temporarily occupied territories of Ukraine to the Russian Federation or other occupied territories. These actions can be qualified as a war crime, and in some cases as a crime against humanity or genocide.
In response to these challenges, the Standards for the investigation of the war crime of unlawful deportation or transfer were developed. For almost a year, starting in February 2023, JustGroup coordinated the work of a team of 12 authors. Among them: Yurii Bielousov, Yuliia Usenko, Serhii Atamanchuk, Stanislav Petrenko, Roman Tsyb, Mykola Pashkovskyi, Vasylyna Yavorska, Dmytro Koval, Zera Kozlieva, Yurii Uhryn, Yuliia Lisova, and Inna Vyshnevska.
“JustGroup is pleased to be among the initiators of the development of tools for analyzing and structuring the practice of war crimes investigation from 2022, and in particular to coordinate a group of practitioners and experts who are constantly working on the Standards. For us, this is a tool for understanding the accumulated experience of the national investigation system and setting benchmarks for the best approaches and practices for investigators and prosecutors. At the same time, an important focus remains on creating space for synergy: between investigative and prosecutorial authorities, between national organizations and experts, as well as between Ukrainian experience and international partners and projects,” says Vasylyna Yavorska, Head of JustGroup.
The Methodological Council of the Prosecutor General’s Office approved the Standards at the end of 2024. Their presentation and discussion took place on April 28, 2025, at the Training Centre of Prosecutors of Ukraine with the support of the EU Project Pravo-Justice. This was the third set of Standards presented in this category, and the work on the next six Standards is ongoing.
“The development of Standards is essential to ensure accountability. They will not only contribute to the unification of investigative methodologies but will also strengthen the capacity of state institutions to ensure justice for victims and survivors of international crimes. To achieve successful outcomes in court proceedings, both nationally and internationally, all Ukrainian prosecutors and investigators must receive clear and high-quality tools. This is not only Ukraine’s commitment to European integration and a response to the challenges we face today, but also a tribute to justice and human rights in the future,” emphasized Oksana Tsymbrivska, Team Leader of the EU Project Pravo-Justice.
During the event, the Standards were presented, as well as model case files that are already used in practice and procedural decisions: orders, requests, resolutions on the appointment of examinations, samples of notices of suspicion, etc. This will allow practitioners to “see themselves” in the situations described: how they can initiate such proceedings, what actions they should take, how to obtain and secure evidence, and how to verify the fact of an armed conflict in any particular case.
“This document is not a theoretical analysis, but a practical tool that takes into account many aspects, including the legal nature of the crime, the model of proof, and the difference between legal evacuation and criminal deportation. The Standards also contain a clear explanation of the crime, including the requirements to prove the context of the armed conflict and the protected status of victims, examples of complicity, and typical situations of multiplicity,” said Taras Semkiv, Deputy Head of War Department at the Prosecutor General’s Office.
In preparing the Standards, the problematic issues arising during the pre-trial investigation of war crimes were analyzed, taking into account the practices of the Department for Combating Crimes Committed in the Context of the Armed Conflict and the Department for the Protection of Children’s Interests and Combating Domestic Violence of the OPG.
“One of the most difficult aspects in the investigation of war crimes is the correct application of international humanitarian law in the legal qualification of acts committed in connection with an armed conflict. The Standards explain in detail, based on the practice of international courts and tribunals, the content of the articles of the Geneva Conventions and Additional Protocols relating to the protection of civilians from unlawful transfer and deportation, and offer specific approaches to collecting evidence to confirm all elements of these war crimes,” said Mykola Pashkovskyi, Researcher at the Аcademician Stashis Scientific Research Institute for the Study of Crime Problems National Academy of Law Sciences of Ukraine, co-author of the Standards.
Standardization of war crimes investigations remains a strategic priority for JustGroup. We are convinced that a systematic, unified approach allows us to improve the quality and effectiveness of investigations, ensuring the rights of victims and strengthening the capacity of state institutions. It is important that today this need is recognized not only by practitioners but also at the level of political documents.
For example, the Overarching Strategic Plan for the Reform of the Entire Law Enforcement Sector for 2023–2027 states that the development and implementation of Criminal Investigation Standards are essential for the effective functioning of the criminal justice system. Additionally, the European Commission, in its report, noted that the standardization of war crimes investigations is an important step in strengthening the capacity of Ukraine’s investigative system (p.33).
The Standards were developed based on the synergy of knowledge of national and international experts, with the involvement of the specialized Department of the Office of the Prosecutor General. JustGroup coordinated the preparation of the Standards and facilitated the experts’ interaction.
The Standards have been produced within the framework of the EU Project Pravo-Justice with the financial assistance of the European Union. The contents of the Standards are the sole responsibility of the Office of the Prosecutor General and do not necessarily reflect the views of the European Union.
Photo: Mariia Poshyvailo
