Features of the Investigation and Proof of War Crimes in the Conditions of the Russian-Ukrainian War

Abstract

The article discusses the characteristics of the investigation and evidence of war crimes that have taken place on the territory of Ukraine in the conditions of the armed aggression of the Russian Federation. According to the statistics of the Office of the Prosecutor General of Ukraine on 2022-2025, the criminal prosecution dynamics under the Chapter 438 of the Criminal Code of Ukraine, the reports of suspicion, indictment, and the victims of war crimes were examined. The difference between the quantity of registered crimes and the quantity of cases being tried was large, which implies that the investigative service was overloaded at the system level and the process of proof was not efficient enough. The necessity of creation of digital forensics, establishing one database of evidence and the algorithm of automatic analysis of the contents of the investigation were justified. Decision-making recommendations on enhancing the efficiency of pre-trial investigation are suggested: better coordination of departments, enhanced collaboration with international bodies, enhancement of skills of investigators, and the introduction of digital solutions of war crimes documentation. The obtained results are practical in terms of enhancing the national justice system and elaborating the contemporary methods of the violation of the international humanitarian law documentation.