Forms of using special knowledge during the investigation of war crimes

Abstract

The features of the use of special knowledge during the investigation of war crimes are investigated. The article states that Russia is a party to the 1949 Geneva Conventions, but from the first days of the full-scale war waged against Ukraine, it has been brazenly violating the norms of international humanitarian law. Through its actions, the enemy daily commits crimes that fall under the jurisdiction of the International Criminal Court. Since February 2022, the largest number of criminal proceedings have been initiated under Article 438 of the Criminal Code of Ukraine “War Crimes”. Their comprehensive and impartial investigation requires high skill from investigative bodies, skillful use of specialized knowledge, and the application of modern forensic tools and computer technologies.

The most common procedural form of using specialized knowledge during the investigation of war crimes is the involvement of specialists in conducting investigative (search) actions. The selection of specialists is determined depending on the object of the offense, the time, place and method of committing the criminal offense, the available traces of the crime, the damage caused, and other determining factors.

Typical tasks of investigative and law enforcement agencies at sites of mass casualties, as a result of rocket attacks or airstrikes, are to search, locate, and identify corpses. The bodies of the deceased, physical evidence, individual processes and phenomena accompanying war crimes require mandatory expert research. Such a procedural form of using special knowledge, such as the appointment of forensic examinations, is considered the most qualified, effective and justified, since it is based on the scientific knowledge of experts.

The most typical examinations during the investigation of war crimes should be considered: forensic, molecular-genetic, military, ballistic, explosive, fire, environmental, valuation, construction, land, military property, and others.

The consultative form of using specialized knowledge is also of significant importance, and among the non-procedural forms are conducting checks on forensic records, preliminary examination of material evidence by specialists with the right to provide certificates and conclusions regarding the identification of persons, research of weapons, ammunition, explosives, explosive devices, traces of explosion or gunshot, narcotics, psychotropic substances, their analogues and precursors, potent drugs.

Conclusion: Effective use of specialized knowledge ensures high-quality collection and investigation of traces of war crimes, creates an adequate evidentiary base for future trials in the International Criminal Court.