National Legal Expert on OSINT admissibility

GRC is committed to enhancing compliance with international humanitarian law (‘IHL’), international criminal law (‘ICL’), and international human rights law (‘IHRL’) in fragile and conflict-affected states(‘FCAS’).

DUTY STATION: The part-time job will be based in Kyiv, Ukraine.
CONTRACT DURATION: 6 months with possible extension.

OBJECTIVES

The National Legal Expert will be involved in conducting analysis and providing recommendations regarding legislative changes related to the admissibility of Open-Source Intelligence (OSINT) in criminal cases, with a specific focus on using OSINT evidence in cases concerning atrocity crimes committed during the period of Russian aggression.

DUTIES AND RESPONSIBILITIES

• Analyze the existing Ukrainian legislation and international standards concerning the admissibility of Open-Source Intelligence (OSINT) in criminal proceedings.
• Develop guidance on enclosing OSINT evidence in criminal cases on atrocity crimes in line with the current Ukrainian legislation and indicate regulatory / practice problems regarding each type of OSINT evidence.
• Formulate recommendations for legislative changes and/or alternative practices to ensure OSINT evidence may be used in the criminal proceedings on atrocity crimes in a reasonable, non-bureaucratic way in line with the Rule of Law principle and human rights.
• Present the findings and recommendations of the research to relevant stakeholders and policymakers.
• Other related duties as assigned.

DELIVERABLES:

1. Overview of international standards and current regulation in Ukraine concerning OSINT admissibility – (Word, 2-5 pages), 4 days.
   Deadline for the first draft: 15 January 2024.
   Deadline for the final draft: 31 January 2024.
2. Guidance on enclosing OSINT evidence in criminal cases on atrocity crimes in line with the current Ukrainian legislation and list of regulatory / practice problems regarding each type of OSINT evidence. The material should include examples of how OSINT evidence has been utilized in case materials and judicial decisions as well as stipulate the reasons why they are not used (if relevant) – (Word, 10-20 pages), 10 days.
   Deadline for the first draft: 15 January 2024.
   Deadline for the final draft: 31 January 2024.
3. Recommendations for legislative changes and/or alternative practices to ensure OSINT evidence may be used in the criminal proceedings on atrocity crimes in a reasonable, non-bureaucratic way in line with the Rule of Law principle and human rights (Word, 2-3 pages), 4 days.
   Deadline for the first draft: 22 January 2024.
   Deadline for the final draft: 31 January 2024.
4. Presentation of the report (the key findings and recommendations) to relevant stakeholders and policymakers. (PowerPoint, up to 15 slides, up to 3 online / offline presentations to stakeholders), 5 days.
   Deadline: 29 February 2024.

ATTRIBUTES AND EXPERIENCE

Mandatory:

• University degree (law or related disciplines).
• At least 5 years of relevant experience in criminal law.
• Excellent knowledge of the evidence admissibility.
• Familiarity with the OSINT concept.
• Ukrainian and English language proficiency.

Desirable:

• Previous experience in analyzing the admissibility of OSINT or similar subjects.
• Prior experience in proposing and developing legislative amendments.