The Council of Europe provides legal standards, technical expertise, and human-rights-based guidance to ensure that electronic evidence of war crimes is lawfully collected, preserved, and used effectively in pursuit of justice and international accountability.

 

The Convention on Cybercrime (Budapest Convention) is furthermore backed up by capacity building projects – managed by the specialised Cybercrime Programme Office of the Council of Europe (C-PROC) in Romania – that assist countries worldwide to create the necessary capacities for the investigation, prosecution and adjudication of cybercrime and other cases involving electronic evidence, in line with the Convention and recommendations of the Cybercrime Convention Committee (T-CY).

International cooperation and legal standards are esential for accesng and preserving electronic evidence across border.

 

⚖️Budapest Convention

What the treaty is and why it matters.  

And on the right we put the text: The Convention on Cybercrime (Budapest Convention, ETS No. 185) is the leading international treaty establishing harmonised criminal law standards, procedural tools, and cooperation mechanisms for combating cybercrime and securing electronic evidence. As a State Party, Ukraine applies these standards to ensure lawful and effective investigation and prosecution of offences involving digital evidence. 
 Second Additional Protocol Tools for cooperation and accessing evidence.    The Second Additional Protocol to the Cybercrime Convention, on enhanced co-operation and disclosure of electronic evidence (CETS No. 224) provides tools for enhanced co-operation and disclosure of electronic evidence - such as direct cooperation with service providers and registrars, effective means to obtain subscriber information and traffic data, immediate co-operation in emergencies or joint investigations - that are subject to a system of human rights and rule of law, including data protection safeguards.

 

 

The Protocol is open to all 82 Parties of the Budapest Convention and has the potential to become the worldwide reference standard for accessing electronic evidence in criminal investigations.

 

CyberUA project

The CyberUA project contributes to the Council of Europe Action Plan for Ukraine (2023-2026) and is implemented by the Cybercrime Programme Office (C-PROC).

 Criminal justice cooperation

Improving the use of electronic evidence in war crimes investigations.

 Law enforcement capacity

Strengthening the ability of investigators and prosecutors to handle digital evidence.

 Judicial capacity

Supporting courts and judicial institutions in dealing with electronic evidence.


 

Counterparts

  • Ministry of Foreign Affairs of Ukraine
  • Ministry of Justice of Ukraine
  • Supreme Court of Ukraine and National School of Judges of Ukraine
  • Prosecutor General’s Office of Ukraine and Prosecutor`s Training Center of Ukraine
  • National Police of Ukraine, Cyber Police Department
  • State Security Service of Ukraine
  • State Bureau of Investigation
  • National Security and Defense Council of Ukraine
  • Government and non-governmental CERT, CSIRTs 
  • Journalists, media and civil society organizations involved in documenting war crimes
     

CyberUA contributes to

  • Level of compliance with and application of relevant international standards on cybercrime and electronic evidence, Cybercrime Convention (ETS No.185) and Second Additional Protocol to the Cybercrime Convention on enhanced co-operation and disclosure of electronic evidence (CETS No.224)
  • Availability and extent of implementation of national regulations, guidelines and procedures supporting handling and chain of custody for electronic evidence in cases of war crimes and GHRV
  • Effectiveness of criminal investigations, prosecutions and adjudication in cases of war crimes and GHRV
  • Number of sustainable trainings implemented and number of experts equipped with adequate skills for investigating and prosecuting cybercrime, and handling electronic evidence in criminal cases
  • Availability and extent of practical use of guides, procedures and templates on international cooperation tools provided by the Second Protocol to the Budapest Convention