JustGroup, Supported by EU Project Pravo-Justice, Presented the Investigation Standards for the War Crime “Unlawful Deportation or Transfer”
On April 28, the Prosecutor's Training Center of Ukraine hosted the presentation of the Investigation Standards for the War Crime “Unlawful Deportation or Transfer.” The document was developed by a team of national and international experts, taking into account the experience of specialised departments of the Office of the Prosecutor General, with the support of JustGroup and EU Project Pravo-Justice.
The Standards provide a detailed analysis of war crimes related to the forced displacement of the population. In particular, they present typical examples of such offences, the specifics of their qualification under the Criminal Code of Ukraine, and the application of international humanitarian law norms.
In addition to the Standards, the event also featured model case scenarios already used in practice, as well as procedural decisions: orders, requests, rulings on the appointment of forensic examinations, samples of notices of suspicion, and more.
“These Standards are the result of a synergy of efforts by many partners. They analyse current practices and explain in clear, practical language how law enforcement officers can act to make investigations effective. We actually started working on the standards for war crimes back in 2022, because in conditions of constant time pressure for investigators and prosecutors, it is important to have a document that allows for quick understanding of a specific category of crimes and choosing the optimal strategy for further actions,” noted Vasylyna Yavorska, Head of JustGroup
Oksana Tsymbrivska, Team Leader of EU Project Pravo-Justice, on her part, thanked the partners for their joint productive work on the Standards and assured of continued support for their implementation both at the regional and national levels.
“Clear, practical, and legally grounded standards for investigating war crimes are not just a manual. They are the foundation for effective justice. As a practical tool, they will help investigators and prosecutors not only to properly document crimes but also to work with victims carefully and respectfully, preserve evidence according to international standards, and build cases that will withstand legal scrutiny. Especially valuable is the integration of international experience in the development of the Standards, particularly through cooperation within ACA, and its further adaptation to the realities of war in Ukraine,” she said.
According to Taras Semkiv, Deputy Head of the Department of the Office of the Prosecutor General, the presented Standards have been published at the request of investigators and prosecutors. They will use this tool for a long time, and it will definitely prove its efficiency in practice.
“The crimes of deportation and transfer seem to be quite simple. In reality, there are a lot of nuances that require specific interpretations regarding the presence or absence of the elements of crimes in specific acts. Therefore, the Standards are a tool that contains the elements of a specific crime, a description of the circumstances that are to be proved in each individual case, including the contextual element, the status of the victims, and some practical advice,” he said.
Serhii Kushnir, Head of the Pre-Trial Investigation Department of the Main Investigation Department of the Security Service of Ukraine, also suggested that the developed Standards would become a desk book for investigators dealing with the crime of unlawful deportation or transfer.
“This is a rather difficult area, because both persons suspected of unlawful deportation of children and victims remain mostly outside the territory controlled by Ukraine... I am sure that with these Standards, investigations will proceed more efficiently, and no one guilty who is of committing such a crime will get away with it without punishment they deserve,” he said.
In turn, Olesia Otradnova, Director of the Prosecutor’s Training Center of Ukraine, noted the relevance of the presented Standards and stated that they should become a practical tool in daily work of investigators and prosecutors.
Download the Standards for the Investigation of the War Crime of “Unlawful Deportation or Transfer”.