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OSINT and electronic evidence: legal requirements and practical application in criminal proceedings on war crimes in Ukraine

On 12–13 January 2026 a specialised training course was held in cooperation with the Training Centre for Prosecutors of Ukraine and the National School of Judges of Ukraine, and with the support of the Council of Europe CyberUA Project.

The training focused on the use of open-source intelligence (OSINT) and electronic evidence in criminal proceedings, with particular attention to war crimes and gross human rights violations.

Furthermore, the applicable requirements for electronic evidence under national criminal procedure legislation and relevant international standards, including the Berkeley Protocol, were assessed. Participants reviewed the typical categories of open sources and the types of electronic evidence and discussed the procedures for ensuring the chain of custody of electronic evidence in detail.

Also, the role of specialists in OSINT was explored further. This included the correct fixation the process of intelligence and the ability to explain technical elements to the court (e.g. metadatahash valuesfile validation, and indicators of potential editing). The discussions underscored the importance of properly documenting and the involvement of specialists when conducting procedural actions that rely on OSINT in criminal proceedings.

The session dedicated to expedited preservation of stored computer data, a tool provided in Articles 16–17 of the Convention on Cybercrime (Budapest Convention), which enables the ‘‘freezing’’ of vulnerable electronic data pending formal procedural access, attracted particular interest. Participants also discussed the operation of the 24/7 Network of contact points, how to prepare preservation requests and how to use mutual legal assistance (MLA) mechanisms to obtain electronic evidence.

The lively discussions and numerous practical questions from participants confirmed the strong interest of the professional community in clear, consistent procedures for working with OSINT and electronic evidence.


Support in this area is a part of the Council of Europe project titled “CyberUA: Strengthening capacities on electronic evidence of war crimes and gross human rights violations in Ukraine”. The Project is being implemented within the framework of the Council of Europe Action Plan for Ukraine “Resilience, Recovery and Reconstruction” for 2023-2026.

Kyiv, Ukraine 14 January 2026
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Action Plan 2023-2026


 

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