[Workshop] Strengthening the Use of Open-Source Evidence in International Crimes Investigations and Prosecutions

On 13 July 2026, the T.M.C. Asser Institute and the International Development Law Organisation (IDLO) brought together judges, representatives of the Office of the Prosecutor General (OPG), investigators from the National Police of Ukraine and the Security Service of Ukraine, defence lawyers, and international experts for a practical workshop on the admissibility and assessment of electronic open-source evidence (OSINT) in international crimes cases. The workshop formed part of the Restoring Dignity and Justice in Ukraine: Phase II programme, funded by the Ministry of Foreign Affairs of the Netherlands.

To simulate practical scenarios, participants worked through a realistic fictional case in a mock trial format, assuming the roles of prosecution, defence, and judicial panel. Across three interconnected sessions, they addressed key procedural and evidentiary questions concerning the collection, documentation, authentication, admissibility, and evidentiary value of digital open-source materials. Throughout the day, participants received guidance and feedback from an expert panel comprising Nick Waters (OSINT expert), Oleksii Nabozhniak (OSINT Specialist, IDLO Ukraine), Dr Mykola Pashkovskyi (Senior Research Fellow, V.V. Stashys Institute for the Study of Crime Problems), Pascal Turlan (Senior Prosecution Expert, IDLO Ukraine), and Thomas Koerner (Head of the International Crimes Legal Unit, EUAM Ukraine). They supported the participants with expertise in open-source investigations, criminal procedure, prosecution, and international crimes.

The interactive discussions highlighted the importance of developing shared understandings across institutions, promoting consistent professional standards among investigators, prosecutors, defence lawyers, and judges, and identifying areas where procedural guidance - or, where necessary, legislative reform - may be required to ensure the reliable use of digital evidence in criminal proceedings. As open-source information increasingly features in investigations and prosecutions of conflict-related crimes, legal practitioners face complex questions concerning the procedural requirements for collecting and preserving digital material, the verification of authenticity, and the judicial assessment of evidence in an era of rapidly evolving technologies. The increasing sophistication of AI-generated and manipulated content further underscores the need for robust and consistent evidentiary standards.

[About the Project]
This initiative forms part of the broader 'Restoring Dignity and Justice in Ukraine: Phase II' programme, which focuses on advancing accountability for international crimes committed in Ukraine. The programme is funded by the Dutch Ministry of Foreign Affairs and implemented by the International Development Organisation (IDLO), in partnership with the T.M.C. Asser Institute, the Centre for International Legal Cooperation (CILC), and the Netherlands Helsinki Committee (NHC).