On October 21, a moot court took place at the University of Amsterdam, reviewing the case “Ivashchuk vs. Russian Federation and Construction Companies.”
A Moot court is a simulation of a real legal proceeding,where participants prepare materials and present their arguments in a mock case based on real legal norms.. Such events provide an opportunity to explore legal nuances, develop new approaches to solving legal issues, and deepen the understanding of legislation. Although the case was fictional, the evidence presented was based on real-life events from the ongoing war.
In this case, the plaintiff, Mariya Ivashchuk (a fictional character), who lost her home due to Russian military action in Mariupol, sought compensation for the damage she suffered.
The court process followed Ukrainian law to the letter. The elected judge Olha Potapchuk, a lawyer with Ukraine Legal Network, adhered strictly to legal procedures and formalities. She assessed the case under the norms of Ukrainian civil code, with particular emphasis on the relevance and admissibility of evidence gathered from open sources.
ULN participants Anastasia Liulina and Sofia Ivanova represented the plaintiff,
who, during the court hearing, adhered to the requirements of Ukrainian legislation and, representing the claimant’s interests, presented the court with explanations and evidence supporting the claims for compensation for destroyed property and moral damages.
With extensive experience in gathering and analyzing open-source intelligence, at the stage of preparing for the hearing the team of OFU Open Source specialists and OSINT investigators have been pivotal in documenting all found evidence of human rights violations. Their expertise in collecting evidence by monitoring and verifying satellite imagery, social media information, and geolocation data significantly contributed to building a solid case for the mock court. Deniz M. Dirisu, an OSINT expert the General Director of the OSINT for Ukraine Foundation advised and mentored investigators and legal team on the nuances of OSINT and open source evidence.
This moot court effectively demonstrated the potential for using OSINT (open-source intelligence) as relevant and admissible evidence in civil litigation. . When physical access to crime scenes is impossible, such as in occupied territories, digital evidence — like satellite images and videos — becomes essential for proving property destruction.
The primary goal of this session was to showcase how modern technology and OSINT tools can be used to collect evidence during war, especially when access to evidence is limited or nonexistent.
The court also demonstrated how OSINT can be used to document property damages when traditional methods of evidence collection are unavailable. This offers Ukrainian citizens a viable path to protect their rights and seek compensation for damages.
The event was organized by Ukraine Legal Network, a project of the Netherlands based non-profit organisation The Nuhanovic Foundation, in collaboration with OSINT for Ukraine Foundation, a Netherlands-based non-profit which harnesses the potential of OSINT to conduct thorough and transparent investigations into international crimes, to combat the pervasive spread of disinformation, and to support civil society and official accountability bodies. ULN’s primary goal is to seek to secure justice and redress for Ukrainians in the Netherlands who are survivors of international war crimes and human rights violations.
