Why are satellite images useful for investigating war crimes in Ukrain

As the war in Ukraine stretches on, lawyers and human rights groups are increasingly relying on satellite images as consequential evidence in cases brought against the Russians, experts say. 

The European Union Agency for Criminal Justice Cooperation (Eurojust) told Euronews Next they are relying on these images for their investigations more than ever because they provide “key information, strengthening investigations into core international crimes”.

They currently have more than 3,000 files associated with potential war crimes in Ukraine. 

Eurojust coordinates a judicialhub, where prosecutors can exchange evidence on a daily basis.

The organisation also operates an international crime database that has evidence that national authorities can consult.

Satellite images are used alongside other types of evidence, like videos, photographs, audio recordings, witness statements, and victim testimonies in investigations. 

What are satellite images useful for?

Satellite images are especially useful when prosecutors are trying to establish a timeline for a specific attack or action, according to Will Goodhind, an investigator and satellite imagery analyst with the open source research project Contested Ground. 

For example, images can show investigators how a scene looks before and after a bomb detonated, which can help investigators make an assessment of the type of weapon used and whether the attack was a targeted strike or an instance of “indiscriminate bombing,” according to Goodhind. 

These can be used to complement or authenticate ground video footage taken at the time of the event.

Behind each image is metadata that cannot be fabricated, making the images “more objective and more reliable than witness testimony,” Goodhind said. 

Prosecutors can also compare one satellite image to others that have been produced either at the same location by another satellite or at a slightly different angle to corroborate those images. 

It’s already been used successfully in Bucha, Goodhind said, where a BBC report found that satellite images of bodies in the streets contradicted Russian claims that that footage was staged. 

Who are the biggest providers of satellite images in Ukraine?

In Ukraine, there are a few key companies whose images are being used for evidence such as Planet Labs, Maxar Technologies and BlackSky, according to international lawyer Matthew Gillett. 

Planet Labs has 15 high-resolution and 200 medium-resolution satellites in low earth orbit circling the globe, so not specifically stationed over Russia or Ukraine, according to CEO and co-founder Will Marshall.

Their satellite images of Ukraine have been used to investigate mass graves and to chronicle the lead-up of the initial Russian invasion, Marshall continued. 

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He said the company is also collecting satellite images in a “damage assessment” file with several UN bodies to keep track of schools, hospitals, and critical infrastructure that’s been destroyed. 

Barriers to accessing satellite images still exist

Despite the potential of these images, there are still some barriers about who can use them and when, experts said.

Images can be provided to legal teams with caveats or restrictions from the International Criminal Court (ICC) or NATO about how it can be used, according to Gillett.

This can cause some issues for the prosecution because they are supposed to disclose relevant materials to the defence but can’t. 

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Prosecutors can ask permission to circumvent these restrictions, but they often cause “time-lags” that can hold up the legal process, Gillett said. 

If images are disclosed publicly, there’s also “raised expectations” that it’ll lead to arrests even if the court that obtains them doesn’t have jurisdiction, Gillett said. 

There’s also the risk of misinterpreting an image or gaps from cloud, forest or smoke cover. 

“Someone might see black marks on a tarmac at the airport or a military base and think that’s some kind of explosion but it could just be sort of oil on the ground from refuelling,” Gillett added. 

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How are cases being mounted in Ukraine?

War crimes, genocide, or crimes against humanity are generally prosecuted in domestic courts, Goodhind said, or by international ones like the ICC. 

Ukrainian courts mount in absentia charges, meaning that a person is tried and sentenced without being present in the courtroom, experts say. 

Eurojust told Euronews Next that there have been 481 trials brought against people in absentia. Euronews Next followed up with the office of Ukraine’s prosecutor general but did not receive a reply. 

At the ICC level, warrants for Russian leader Vladimir Putin and his children’s rights commissioner, Maria Lvova-Belova, were issued in 2023. 

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Putin’s warrant says he is allegedly responsible for the war crime of unlawful deportation and transfer of children from Ukraine to Russia, a press release said at the time. 

The ICC laid down four more arrest warrants for Russian nationals in 2024, including two senior-ranking members of the Russian army and navy. 

Euronews Next reached out to the ICC for an update on the cases against Putin and his colleagues but was referred to their case summary on Ukraine.