Collection of Evidence of War Crimes by Forensic Methods

Abstract

The article examines the historical experience of using evidence collection methods in wartime, which demonstrates the risks of unstable boundaries between what is permitted and what is prohibited. Compliance with the standards of the Geneva Conventions and their protocols is an absolute rule, but tactical methods of obtaining evidence developed for peacetime run into emotional, mental, situational states and circumstances. In such cases, the question arises as to the appropriateness of such techniques in the difficult conditions of war and the need to develop new investigation methods and tactics of investigative (detective) actions which would be adapted or modified to the conditions of martial law. The inherent purpose of the article is to show a retrospective of war crimes evidence collection with an indication of judicial practice and to suggest the creation of theoretical prerequisites for optimizing forensic approaches to war crimes evidence collection. Formation of the methodology for investigating war crimes should cover the peculiarities of investigating different types of criminal offenses by their criminal law features (both against life and health of a person, his/her sexual freedom and inviolability, against property, and war crimes themselves), which is expressed in a single mechanism of criminal activity implemented in the context of military aggression of the Russian Federation. This indicates that a prerequisite for the successful development of new and improvement of existing forensic techniques is the definition of conceptual approaches to the technology of creating the techniques themselves. In modern conditions, we are talking about the formation of a comprehensive forensic methodology for investigating war crimes, which is based on criminal law and forensic features. Collecting evidence of war crimes is a prerequisite for investigating and ultimately bringing perpetrators to justice. The hegemony of forensic science is the key to achieving justice and bringing perpetrators to justice, and investigations must be accompanied by strict adherence to international humanitarian and criminal law to avoid human rights violations and guarantee fair trials.