War crime in the conditions of the Joint Forces Operation: a criminological description

Abstract

The article is devoted to the study of the concept of war crime and analysis of its forensic characteristics. The study analyzed the concepts of crime, war crime and the probable reasons for their commission. It is determined that military service is an extremely important type of activity, as it is designed to ensure state security and protection of the state border of Ukraine. The main military formation in Ukraine is the Armed Forces of Ukraine, the procedure of which is determined by the relevant legislation, according to which the Armed Forces is an independent state and legal institution, a reflection of modern Ukrainian society, but with its specific demographic, organizational, social, psychological and legal features. It is established that any crime is a negative social phenomenon that poses a threat to both society and the state. The social danger of each crime is manifested in the task or the creation of the danger of causing significant harm to public relations: the interests of the individual, society, state, which are protected by criminal law. But in war crimes behind these relations are the interests of a higher order – the military security of the state: the state of combat capability of the Armed Forces, other military formations, the ability to perform tasks set by the state, and ultimately protect the country from possible military aggression. Any crime against military service undermines the combat capability of military units, as a consequence, causes significant damage to the combat capability of the Armed Forces of Ukraine and, ultimately, to the military security of the state. Thus, the social danger of war crimes finds its expression in the task or in the creation of a threat of significant damage to the interests of military security of the state in the field of its defense and, therefore, is characterized by an increased degree of public danger. For Ukraine, in terms of the Operation joint forces, war crimes are extremely negative, as these are the factors that undermine combat readiness, military discipline and legal consciousness of the servicemen, creates the conditions for the loss of military personnel, military property, and therefore requires the authorities to use all necessary resources to fight and prevent the Commission of war crimes. Thus, the data on the person that has committed war crimes, as an element of criminalistic characteristics are of fundamental importance because they are a solid information base, which later during the establishment of corresponding co-dependent relationships will determine the other unknown elements of criminalistic characteristics.