Can Ukraine Protect Witnesses to War Crimes?
Experts warn that current system is hampered by unresolved financial and legislative issues.
Also see
Ukraine Lays Groundwork for Special Tribunal on Russian Aggression
Despite significant progress, experts note that it may take years for the court to begin work.
In March 2022, Tetiana (not her real name) survived sexual assault and violent robbery by a Russian soldier in the frontline city of Sumy in north-eastern Ukraine. When she finally had the opportunity to testify, key measures were taken to protect her physical and mental well-being.
Supported throughout the process by staff from the Coordination Centre for the Support of Victims and Witnesses, a specialised division of the prosecutor general’s office, she was guaranteed confidentiality.
The Centre provided her with a pseudonym, which also helped her psychologically prepare to testify. The case was heard in absentia and in closed session to protect Tetiana’s well-being.
She joined via video link, sitting with her back to the camera and wearing a hooded garment to prevent other participants from identifying her.
With these measures in place, Tetiana was able to confidently answer all questions from the judge and the defence attorney. The 22-year Russian soldier was subsequently convicted an sentenced to ten years in prison in absentia on August 19, 2025.
Tetiana is one of several hundred witnesses to Russian war crimes who have testified in court under such safeguards. But experts warn that the witness protection system is hampered by unresolved financial and legislative issues. Due to shortfalls in funding for witness protection, providing essentials like safe housing or security is not always possible, which often discourages people from participating in justice processes.
In addition, coordination between agencies is often inadequate, especially in the face of the immense caseload from mass atrocities.
“Unfortunately, it's not like in foreign films where there are specialised programmes for every situation,” said Veronika Plotnikova, head of the Coordination Centre for Victims and Witnesses. “We don’t have a single, centralised body responsible for security measures. The situation is complicated by the fact that nearly every law enforcement agency has its own witness protection unit, and they can all approach the same tasks differently.”
Under Ukrainian law, witnesses are entitled to a range of protection measures, which can include security for their home and property as well as the provision of personal safety devices and alarm systems, or even a change of documents, appearance, place of work or studies. Confidentiality of personal data is assured and closed-door court proceedings can be requested.
The specific needs of witnesses or victims depend on a whole range of circumstances and can range from dental care to specialised social support.
The investigator handling a case is responsible for determining if the risk to an individual is severe enough to warrant security, relocation or other personal protection measures – and whether state funds are available to cover these costs.
Alternatively, if a witness faces a credible threat but government funding is unavailable, investigators may turn to volunteer organisations for help.
“It all depends on the budget available to a specific agency,” Plotnikova continued. “We use every resource we can, including help from NGOs and local communities. Sometimes, this requires painstaking work from the investigator and prosecutor themselves – efforts that fall outside the formal defence framework but are achieved through collaboration with public and private sectors.”
Deputy Prosecutor General Victoria Litvinova stated that they aimed to create a platform for victims and witnesses where volunteer organisations could provide assistance in matters that government agencies could not resolve.
"This project is truly one of the key ones for us, since it reflects the overall strategy of the prosecutor's office - changing the approach to its work to one that is focused on people," she said.
Best Practice
A broad group of experts, operating independently of the Prosecutor General’s Office, is now studying best practices from other countries to create an updated, comprehensive system to protect participants in criminal proceedings.
This includes considering the creation of a national agency to ensure their safety, modelled on Bosnia’s State Investigation and Protection Agency (SIPA)).
Experts also point to the example of Kosovo. During the war crimes investigations of the late 1990s, international institutions, as well as national courts in Serbia and Kosovo, had problems ensuring the security of witness testimony. Information disseminated online which led to not only threats to witnesses but a number of murders.
Ukrainian officials note that some Ukrainian witnesses of Russian crimes are simply afraid for their safety and not only do not attend court to testify, but also do not admit that they have become victims of crimes or witnesses.
Plotnikova said that the risks of information about a victim becoming public should not be underestimated.
“For example, media outlets might publish personal data, photos and other details about victims and suspects,” she explained. “This significantly complicates witness protection efforts and undermines the rights of the accused.”
A further challenge is that survivors and witnesses in the occupied territories are physically unreachable and cannot be involved in proceedings.
For now, the maximum resources available to Ukrainians in occupied territories are Ukrainian websites via a VPN and chatbots that allow war crimes to be reported and provide some basic psychological resources. However, even this method is dangerous and punishable by the Russian occupation authorities.
“When working with victims and potential witnesses in occupied territories, their life and safety are the absolute priority,” Plotnikova explained. “We can always gather more evidence, but we can never restore a person’s life and health.”
Testimony can also be provided from abroad. Under Ukraine’s Criminal Procedure Code, witnesses and victims can testify, be questioned and attend court hearings remotely via video conference. They also have the right to have their appearance and voice altered to conceal their identity.
Strategic Plan
Reform of the witness protection system is likely to take several years, with a 2027 deadline for submitting the new draft law to the Ukrainian parliament.
“The current comprehensive strategic plan for law enforcement reform tasks the Ministry of Internal Affairs with drafting new legislation, as the existing laws are outdated. They date back to the 1990s and no longer meet today’s challenges,” said Plotnikova.
A strategic plan signed by the president in 2023 based on EU recommendations focuses on reforms to ensure the security of participants in criminal proceedings. Effective protection is supposed to be provided to applicants, whistleblowers, victims and witnesses.
The document includes the creation of the National Service for Guaranteeing the Security of Participants in Criminal Proceedings. However, there is only a little more than two years left for the implementation of the entire system.
International partners are ready to share their expertise and contribute to building Ukraine’s future witness protection system. A key priority is ensuring the new legislation is internally consistent and coordinated among all law enforcement agencies involved in protecting witnesses to international crimes.
“We are now working with the United Nations Office on Drugs and Crime to implement risk-assessment tools for victims and witnesses,” said Plotnikova.
Criminal justice agencies will need to reform their own structures and define how they will cooperate with a future, unified agency. The process will also involve risk and feasibility assessments, as well as a review to ensure the draft law complies with EU integration requirements. Most importantly, implementing the reform will require political will.
