War Crimes Research Articles

PROCEDURE FOR IDENTIFYING ARTILLERY MEANS OF DESTRUCTION

For evidence in the International Criminal Court of the crimes of the Russian Federation for strikes on civilian infrastructure, substantial evidence is required. Indeed, indisputable evidence includes fragments of missiles and munitions found at the sites of impact. The article presents the procedure for identifying enemy artillery means of destruction, which consists of eight stages. The procedure for identifying artillery means of destruction from fragments found at the scene should be comprehensive, including the determination of the type of munition, identification of the probable area of enemy firing positions from which the strike was conducted, and should include the following stages: inspection of the crater to collect informative fragments; determination of the type of munition; identification of the type of artillery system from which the fire was conducted; determination of the direction from which the artillery shell was fired; identification of the probable area of enemy firing positions. The use of 3D models for reconstructing the shell casing has been proposed, which will enable the identification of enemy types of munitions much faster and without the need for laboratory analysis. Based on the results of the munition type identification, an expert report is compiled, which may also include the names of individuals involved in the crime. Step-by-step execution of the stages in the procedure for identifying artillery shell explosions, starting with working at the crater and ending with comparative measurements, including the use of 3D models, will optimize and facilitate the work of experts at the scene and speed up the process of providing information to investigators. Additionally, applying the stages of the procedure will enable the creation of a database of identified fragments for further study and comparison during the experts' work. Thus, the proposed procedure for identifying fragments of enemy artillery munitions collected from the scene will significantly ease the work of military personnel and forensic experts, facilitate cooperation between forensic laboratories and law enforcement agencies at both national and international levels, and ultimately contribute to the successful investigation of war crimes.

Legal principles of pre-trial investigation war crimes

The modern legal principles of the activity of law enforcement agencies regarding the investigation of war crimes have been defined. It is emphasized that war crimes are complex in terms of their mechanism of commission, which is characterized by consequences in the form of significant destruction of civilian infrastructure objects, a large number of unidentified dead; instruments of commission, which neither pre-trial investigation bodies nor forensic experts have encountered before; by persons of criminals who change their locations, including those who are in the territory of another state, etc. It is noted that in Ukraine since the declaration of the legal regime of martial law by the Decree of the President of Ukraine, significant changes have taken place in the criminal procedural legislation, which established a special regime of pre-trial investigation and trial under martial law conditions, provided for in Section IX-1 of the Criminal Procedure Code of Ukraine. It is noted that the pre-trial investigation of war crimes requires considerable expenditure of resources, including human resources, due to which employees of various law enforcement agencies, including units of the National Police, are involved in carrying out certain procedural actions. Legal problems in the activities of the National Police of Ukraine regarding the organizational features of the pre-trial investigation that need to be resolved at the legislative and departmental levels are highlighted. Proposals are made to improve the legislation on the regulation of the term “war crime” in the Criminal Code of Ukraine. The requirements regarding the procedure for collecting evidence of war crimes for the purpose of further transfer of materials for consideration by the International Criminal Court have been updated. Attention is focused on the fact that the principles, subjects and forms of interaction at the national and international levels during the pre-trial investigation of war crimes should be properly regulated. During the writing of the article, the methods of dialectics, comparative legal and systemic analysis, and formal logic were used.

Genosida Sebagai Pelanggaran Hak Asasi Manusia (HAM) Yang Berat

Deprivation of Human Rights using various criminal methods has been happening for a long time. Since then, many international regulations have set limits and prohibitions regarding war crimes up to genocide, including judicial bodies that are given responsibility for crimes that have been committed. By knowing the actions and bodies authorized to prosecute serious human rights violations, we can understand current changes in the existence of the crime of genocide. The aim of realizing international legal instruments is to fulfill the human rights of victims, the world community and perpetrators. The research method used is normative juridical. The research approach is through a statute approach, which examines problems using statutory regulations by analyzing relevant laws to be used as a legal basis, such as the Convention on the Prevention and Punishment of the Crime of Genocide in 1948, the Statute of the International Criminal Court in 1998 and the Law on Law Number 25 of 2000 concerning Human Rights Courts. The research results concluded that the crime of genocide is one of four serious human rights violations within the jurisdiction of the International Criminal Court. Genocide always involves two things, namely: objectively it refers to the act of extermination and subjectively the target of the action is a certain group. The International Criminal Court, in accordance with Article 34 of the 1998 Rome Statute, consists of four parts: The Presidency, the Chambers, the Offices of the Prosecutors and the Registry in carrying out its duties. The International Criminal Court will only carry out its functions if the National Court cannot carry out its functions properly, in this case the meaning is if the National Court does not want to try the perpetrator of the crime and unable.

Organizational and legal principles of forensic examination in the field of road infrastructure

The aim of the work is to analyze the offenses committed in the field of road infrastructure and to identify the main areas of criminal activity, for which investigation specific expertise in the form of forensic examination is applied. The methodological basis of the study of this problem was general, separate and special cognition methods. The results of performed research demonstrate possibility of distinguishing two main areas of criminal activity in the field of road infrastructure. These are official crimes related to the field of official and professional activity, as well as war crimes related to unforeseen destruction of road infrastructure. Thus, one of socially dangerous manifestations in this area are crimes related to road construction. While investigating issues of compliance of the developed project-technical and estimate documentation with the requirements of regulatory acts in the field of road construction, as well as questions of determining compliance of the completed construction works and built objects with the project-technical documentation, often arise. Such issues can be resolved if forensic expert (experts) have relevant professional knowledge in the design, construction and operation of roads, taking into account the characteristics of road infrastructure objects. At the current stage, when all Ukrainians feel consequences of Russian aggression, another problem is clearly visible. After all, for all the crimes of this shameful war, the enemy must suffer a just punishment, and the victims must receive compensation for the material and moral damage caused to them. In connection with the emergence of new tasks that arise during the investigation of war crimes committed by the aggressor country, the question of the appropriate level of expert provision of justice in conditions of war that is directly related both to increasing effectiveness of the inspection of the scene of the event and to further conducting forensic examinations. Taking into account the fact that a huge number of objects were damaged and destroyed, there was a need to use the latest methods and approaches to effectively counteract the specified manifestations of crime, in particular, development of effective system of expert justice provision at the stages of pre-trial investigation and subsequent judicial review of cases. Thereby it is important to provide expert investigation of crimes related to the establishment of damages to the state, individuals and legal entities from the destruction of immovable and movable property.

(Post)War Trials of Nazi Perpetrators and Their Auxiliaries in the Soviet Union: History and Ongoing Debates

Abstract The article briefly outlines the current state of scholarly literature devoted to ongoing debates on the history and role of war- and postwar open and closed trials of Nazi perpetrators and their auxiliaries in the Soviet Union. Having become partly available for historians more than two decades ago, these trials proceedings constitute a unique source for analyzing various aspects of the Second World War on the Eastern front, including the Holocaust. This article describes the legal basis for prosecuting Nazi criminals (in the 1940s) and Soviet collaborators (mainly from the 1940s until the 1970s) and summarizes ongoing debates concerning the nature and peculiarities of both closed and open Soviet war crimes trials with an outline of the main topics for further research.

The Postwar Fight Against Fascism: Auschwitz Memory in Leftist Activism

ABSTRACT This paper focuses on the memory activism of three survivors of the Auschwitz resistance and explores the ways in which they linked fascism and genocide to economic exploitation. By doing so, our paper excavates a leftist-antifascist paradigm of postwar memory that waned with the advent of contemporary Holocaust culture. We analyse the memoirs of Oszkár Betlen, Bruno Baum, and Hermann Langbein, members of the international communist movement before, during, and after the Second World War. For these authors, calls to remember Auschwitz were inseparable from a struggle for social change in the present, and their memory practice was never restricted to writing. Therefore, our paper places their memoirs into the wider context of their political-organizational work, and shows that their efforts to commemorate Auschwitz responded to some pressing issues of their time, including the re-militarization and NATO-membership of the Federal Republic, reparations, amnesty and reintegration of former Nazis, and war crimes trials. Importantly, all these issues were intertwined with what they regarded as capitalist restoration and a looming resurgence of fascism. Our paper argues that the so-called economic case was central to their postwar campaigning because they believed that economic exploitation was central to fascism and had wide-ranging implications for postwar societies as well. Furthermore, we challenge the prevailing view on antifascism by demonstrating that for these authors the economic aspect of fascism did not eclipse the genocidal character of fascism and the specifically Jewish experience of it. In contrast to some Marxist historians, they did not see genocidal policies as merely derivative or secondary either. Rather, these leftist-antifascists commemorated Auschwitz in ways which regarded economic exploitation and genocide as interrelated and constitutive aspects of fascism.

Analysis of criminal law on ecocide: A case study of war in Ukraine

While actions leading to environmental degradation already have global consequences threatening the very existence of humanity, the war in Ukraine has once again proved the effectiveness of existing international environmental protection mechanisms. The purpose of this study is to analyze existing international environmental protection mechanisms from the perspective of the possibility of criminalizing the crime of ecocide. Based on the analysis of the domestic law of countries that have incorporated ecocide as a crime, it follows that national approaches to addressing this issue depend on historical conditions and have significant differences. These differences hinder the prosecution of ecocide in the absence of appropriate international legal mechanisms, while the consequences of ecocide cause global damage. An analysis of the state of international regulations has shown that despite the existence of an extensive environmental protection mechanism, it remains imperfect, thus making it impossible to prosecute ecocide unless it is done in connection with war crimes. An assessment of the data presented in the reports on the war in Ukraine shows that participation in relevant international conventions does not in any way guarantee that the aggressor country will not violate its international obligations. It is shown that recognizing ecocide as a crime at the international level remains the only effective means to bring perpetrators to justice. The results of the study can be used to further improve the legal mechanisms for prosecuting ecocide, in teaching legal disciplines, and in further academic research.

Media Representation of the Russia-Ukraine War: A Comparative Discourse Analysis of Reuters and TASS

This study has examined the linguistic differences in news reports published by Reuters and TASS on four distinct incidents during the 2022 Russia-Ukraine war. Employing discourse analysis as the methodological approach and discourse theory as the theoretical framework, the study has revealed significant linguistic and rhetorical disparities between the two media outlets, highlighting divergent ideological stances and power dynamics. The study has found that Reuters and TASS have employed distinct linguistic strategies that shape public ideologies and perceptions. TASS has portrayed the war from a Russian perspective, referring to it as a "special military operation" while excluding Ukrainian viewpoints. In contrast, Reuters has depicted the war as a full-scale invasion and emphasized allegations of war crimes while also excluding Russian viewpoints. Discrepancies have also emerged in reporting casualties and territorial control, with TASS and Reuters presenting conflicting figures and narratives. Neither outlet has cross-checked information, undermining their objectivity and contributing to biased reporting. The study underscores how the language used by TASS and Reuters serves to legitimize their respective positions and influence public perception, reflecting broader geopolitical power dynamics. Both media agencies have produced misleading narratives by relying solely on official statements from both nations without independent verification.

War crimes: problems of definition and qualification

War crimes: problems of definition and qualification

War crimes, sexual assault and medical confidentiality in Israel

Hamas militants have raped and mutilated the bodies of dozens of men and women in Israel during their attack and captivity in Gaza. The exact extent of these atrocities, however,...

Aspects of the creation and judicial activity of the Specialized Chambers of Kosovo and the Role of the Republic of Albania

Abstract Since the end of the Kosovo conflict in 1999, various international and national courts have investigated serious war crimes and crimes against humanity in the region. In 2015, the Kosovo Specialized Chambers (SCK) and the Specialized Prosecutor’s Office (SPO) were established to investigate specific allegations of war crimes, particularly those linked to members of the Kosovo Liberation Army (KLA) during and after the conflict. Although the Court is legally part of Kosovo’s system, it faces strong opposition within the latter, due to its location outside the country and its exclusion of Kosovo nationals from its staff. The trials of key KLA figures, many of whom have held major political roles in the country, have sparked significant debate both in Kosovo and internationally. This manuscript will examine the legal foundation, structure, and scope of the SCK and SPO, and how they compare to other international courts. It will also review the indictments and ongoing trials of former KLA members. Additionally, the article will explore Albania’s diplomatic efforts, particularly its campaign to challenge allegations of organ trafficking mentioned in a 2011 Council of Europe report, which played a key role in the creation of the Court. By looking at the Court’s activities, the article will offer insights into its impact on Kosovo’s international standing.

Theorizing and Understanding Corporate Involvement in Atrocity Crimes

Abstract Corporate involvement in atrocity crimes such as genocide, crimes against humanity and war crimes, has become an important topic for ngo s, activists and scholars from different disciplines, often focusing on the important question how to achieve a better regulation of and accountability for corporate roles in atrocities. This contribution, instead, is focused on the aetiology of this phenomenon. A theoretical framework is proposed based on, on the one hand, what follows from criminological research on corporate crime, state crime and state-corporate crime and, on the other hand, in-depth case studies of three contexts: Nazi Germany (1933–1945), Apartheid South Africa (1948–1994) and the drc (1996–2016). The proposed framework identifies the motivational drivers, opportunity aspects, and elements of the (lack of) control that, together, can explain why that corporation became involved in atrocity crimes. The framework is intended to—through application to new case studies—improve knowledge about and understanding of corporate involvement in atrocity crimes and to expand the conceptual and theoretical understanding of this phenomenon.

Violation of the prohibition of reprisal in the form of damage to the natural environment and war crime: the issue of correlation

Violation of the prohibition of reprisal in the form of damage to the natural environment and war crime: the issue of correlation

Международные договоры Российской Федерации об ограничении или запрещении средств ведения военных действий как источник толкования части 1 статьи 356 Уголовного кодекса Российской Федерации

Introduction. Part 1 of Article 356 of the Criminal Code of the Russian Federation establishes one of the most socially dangerous crimes recognised by the entire world community – war crimes.The disposition of the structure as alternative actions provides for the use of means of warfare prohibited by international treaties of the Russian Federation. However, the criminal law does not specify such means, which creates a problem for the qualification of the crime. The analysis of such treaties makes it possible to form specific prohibitions, the violation of which should be considered as the commission of the objective aspect of a war crime. At present, this issue is very relevant, since a large number of armed conflicts are taking place in the world and such crimes are being committed. Defending the inevitability of punishment for war crimes, Russia, in accordance with the norms of international law, should have a legal possibility to apply the mechanism of such responsibility. Therefore, the presented analysis is relevant and interesting. Methods. Methods of description, analysis, comparison and systematic method of research are used. Results. The results of the research were the final assessment of the analysed international treaties of the Russian Federation, enshrining prohibitions on the use of specific means of warfare, and the formation of recommendations to improve the provisions of the disposition of part 1. art. 356 of the Criminal Code of the Russian Federation for more effective use and classification of war crimes.

Impunity for International Law Violations in the Russia-Ukraine Conflict: Implications for Global Stability

The protracted conflict between Russia and Ukraine, initiated in 2014 and intensified by Russia's comprehensive military incursion in 2022, has elicited profound apprehensions regarding breaches of international legal standards. This article analyzes the ramifications of the conflict on global legal structures, with particular emphasis on violations of the United Nations Charter, the Rome Statute, and International Humanitarian Law (IHL). The examination underscores that the actions undertaken by Russia in Ukraine contravene essential tenets of international law, notably the ban on the use of force against the sovereignty of states and the imperative to safeguard civilians amidst armed conflict. The article contends that the military actions undertaken by Russia in its invasion constitute violations of the principles of state sovereignty and territorial integrity as outlined in the UN Charter, contravene the definitions of war crimes and aggression established by the Rome Statute, and fail to adhere to the mandates for civilian protection set forth by International Humanitarian Law. This article examines the complexities associated with prosecuting these violations, highlighting the constraints faced by international institutions such as the International Criminal Court (ICC) and the UN Security Council. The analysis highlights the necessity of accountability in maintaining the integrity of international law and averting future transgressions, stressing the wider consequences for global stability and the rule of law.

A New Demon after Collapse: Jewish Social Media Images in the Israeli Palestinian ConflictShort Videos' Analysis Based on TikTok

From over two thousand years of exile history to post World War II Holocaust literature and film and television dramas, Jews have always appeared in various media as innocent victims with a mix of sadness and resilience, even making the "Jewish stance" somewhat politically correct. This article is based on the new round of Palestinian Israeli conflict that broke out on October 7, 2023. The research object is 729 short video data crawled on social media TikTok. Through analyzing the overall attitudes towards Jews presented in the videos, it is found that the ratio of positive and negative attitudes is about 1:12, and "genocide", "war criminals", and "terrorism" are the majority of accusations against Israeli Jews in the videos. The large number of negative evaluations on social media presented in the research conclusion strongly contrasts with the stereotypical impression of Jews in past media expressions. This finding is crucial for China's future diplomatic practice and how to enhance its ability to guide international public opinion.

Corporate involvement in atrocity crimes—trends and patterns in regulation

AbstractCorporate involvement in atrocity crimes refers to instances in which businesses are linked to the commission of genocide, crimes against humanity, war crimes, or other gross human rights violations. This article traces four trends in the regulation of this phenomenon, from the 1600 s to the present. I argue that the persuasive trend of no regulation of this type of corporate wrongdoing has seen three countertrends: international criminal justice, civil society labelling corporate involvement in atrocity crimes as something worth engaging with, and institutionalization of norms. This article describes and analyses these trends, uncovering some recurring patterns that emerge in efforts towards preventing, ending, or limiting corporate involvement in atrocity crimes.

Journal Statement on Palestine and Palestinian Liberation

At a time when we should be focused on establishing a heliocentric view of identity that sees us all fighting to protect life on this planet and whatever miracles we may find in our solar system, we continue to find our institutions of higher learning entrenched with the interests of warmongers, war criminals, and human rights violators. The UC has failed to call for a ceasefire or review its investments and support of Israel's war effort. The UC has spent over $30 billion towards genocide. No longer can we, as students and staff, stand behind our University contributing to the demolition of dozens of educational institutions in Palestine. Our work as educators is compromised when we stand by those who kill children, students, teachers, and administrators. It compromises our values when our research is used to whitewash a land, and erase a people’s cultural and historical heritages and histories from the face of the Earth. We cannot sit idly by while our University resources continue to contribute to apartheid and genocide, the murder of thousands of her students and teachers, and the massacre of tens of thousands of children and their families. How can UCLA keep its motto, Fiat Luxe, Let there be light, when the administration attempts to obfuscate, deny, and conceal the violence being committed in collaboration with our administration? Let there be shame.

ACTIVITIES OF NATIONALIST FORMATIONS OF HUNGARY AND THE UKRAINE IN THE ESTABLISHMENT OF HITLER’S ‟NEW ORDER” IN BRYANSK REGION (1941–1943)

The adoption of Hitler’s side by the 3rd Reich satellite states’ citizens as well as representatives of a number of peoples of the USSR for active participation against the Red Army and Soviet partisans, is one of the little-studied topics of the World War II East Front history; as well as the role of those persons in war crimes against Soviet civilians. Bryansk Region was one of the occupied territories of the USSR, where such collaboration took place on a large scale. Here, together with Hitler’s Wehrmacht, such nationals as the French, Italians, Finns, Spaniards, Romanians, Greeks, Croats, the Ukraine Rusyns acted, as well as a number of Russian renegade formations. In this article, on the basis of archival documents from Bryansk archives, including recently declassified documents from the archives of the political police department of Bryansk Region, as well as on the basis of recollections of participants in fighting, casual witnesses and on the basis of testimonies of surviving victims, the participation of Hitler’s most brutal collaborators – units of the Hungarian and Ukraine units – in the destruction of the Soviet civilians, is studied. The main attention is paid to the elucidation of criminal motives and purposes of Hitler’s collaborators; to what concrete crimes against humanity they committed; and also what were the true scales of their role in the establishment and attempts to maintain Hitler’s ‘new order’ in the occupied territory of Bryansk Region.

Intermediaries of change: How media-focused non-governmental organizations shape meta-journalistic discourse in Ukraine

Ukrainian media is currently undergoing its most challenging period in history. Still transitioning from political and economic instrumentalization, it has been significantly affected by the Russian invasion of Ukraine, impacting both safety and the economy. The loss of advertisement revenue has made them dependent on the support of media-focused NGOs and foreign donors. Established by journalists and funded by foreign donors, these organizations find themselves in an ambiguous position – not at the core of the journalistic field, as they do not compete with legacy media in content production and revenues; and not at its periphery, as they actively shape journalism culture in Ukraine by legitimizing and delegitimizing actors, norms, and practices based on their definition of ‘good journalism.’ Due to their autonomy from state and market influence, they manage to combine regulatory and activist functions, monitoring journalists’ adherence to journalistic standards and criticizing violations while supporting the interventionist role of the media in collecting evidence of war crimes and promoting political missions like gender equality. Simultaneously, the ongoing war means that in frontline areas, the transition is held back, as the quality of the media becomes less important than mere access to information. Drawing on nine semi-structured interviews with key actors from prominent NGOs such as Lviv Media Forum, The Reckoning Project, Women in Media, the Institute of Mass Information, and a professional association (National Union of Journalists of Ukraine), conducted online in 2023–2024, this research utilizes discourse analysis to investigate how mediafocused NGOs shape the meta-journalistic discourse in Ukraine.