Certain aspects of the prosecutor’s activities in criminal proceedings concerning war crimes

Abstract

This article provides a comprehensive analysis of selected aspects of the prosecutor’s role in criminal proceedings concerning war crimes under martial law. It examines the specific features of procedural supervision of pre-trial investigations into war crimes and identifies the main problems arising during the documentation and substantiation of criminal offences related to violations of the laws and customs of war. It has been established that the current conditions of armed conflict on the territory of Ukraine have led to a transformation of the prosecutor’s role in criminal proceedings, as the effectiveness of their activities directly influences the possibility of bringing perpetrators to justice at both national and international levels. Particular attention is paid to the challenges of organising crime scene investigations in conditions of hostilities, limited access to occupied territories and high security risks. It is emphasised that in cases involving war crimes, the prosecutor must ensure an adequate level of evidence documentation, in particular through the use of photographic and video evidence, the determination of the geographical coordinates of the crime scene, and the monitoring of compliance with procedural requirements during investigative (search) operations. It is argued that shortcomings in documentation may adversely affect the admissibility and reliability of evidence in criminal proceedings. The paper analyses the significance of modern technologies in the work of prosecutors, in particular the use of unmanned aerial vehicles, digital technologies and open-source intelligence (OSINT). It is established that the use of UAVs allows for remote recording of the scene of the incident, the creation of digital models of objects, the detection of hidden objects, and the preservation of evidential information. The necessity of ensuring the procedural legitimacy of digital evidence and compliance with international standards for documenting war crimes is emphasised. The role of forensic examinations in the process of proving war crimes is considered separately, in particular forensic explosives, ballistics, construction-technical, photographic and computer-technical examinations. It is concluded that the effectiveness of a prosecutor’s activities in criminal proceedings concerning war crimes depends on a comprehensive combination of procedural, organisational and forensic tools, as well as on the improvement of regulatory frameworks and methodological support for the investigation of this category of criminal offences.