Prosecution Of War Crimes Research Articles

Prosecuting War Crimes and Crimes Against Humanity

Prosecuting War Crimes and Crimes Against Humanity

Actual issues of combating human trafficking in the context of international armed conflict in Ukraine

The article examines problematic issues of countering human trafficking in the context of the international armed conflict in Ukraine. It has been established that human trafficking is a crime that has both a national and an international dimension, as it should be considered both an ordinary and a war crime. It was emphasized that the international armed conflict that has been going on in Ukraine since 2014 caused the emergence of new trends in the field of human trafficking. New schemes of this criminally illegal act have emerged, related to use of Ukrainian citizens in the armed conflict as labor force or direct participants in this conflict. Women and children who leave for other countries in connection with the occupation and indiscriminate shelling of Ukrainian territories, in certain cases become victims of human trafficking subjects who disguise their business as volunteer activities.It was established that the lack of an effective system of criminal prosecution for war crimes committed in Ukraine contributes to various manifestations of human trafficking as a war crime.It is argued that it is extremely important to develop an effective and efficient mechanism to counter this shameful phenomenon both at the national and global (interstate, international) levels. In addition to developing and consolidating the regulatory and legal basis for combating human trafficking, important directions are also: 1) establishment of an effective mechanism of interaction: both at the international and at the state level (between state institutions and public organizations in this field); 2) informational and explanatory work among the population, aimed at preventing the commission of specified illegal acts against them; 3) raising the professional level of specialists who work in the field of providing assistance to refugees, as well as providing assistance to persons affected by human trafficking; 4) development and implementation of post-conflict rehabilitation programs for persons who became victims of trafficking and violence during armed conflicts.It is proposed to consider the possibility of recognition as a qualifying or particularly qualifying feature of the crime provided for in Art. 149 of the Criminal Code of Ukraine, its commission in conditions of armed conflict.

Battlefield Artificial Intelligence and War Crimes Prosecutions

Battlefield Artificial Intelligence and War Crimes Prosecutions

Challenges of Using Digital Evidence for War Crimes Prosecutions: Availability, Reliability, Admissibility

Digital evidence has the potential to transform the accountability landscape. However, several obstacles must be overcome to use it effectively for war crimes prosecutions. The availability of digital evidence can be impacted by a range of factors, from Internet connectivity to removal of content by platforms to the difficulty of identifying relevant content through the fast pace of social media. The reliability of digital information is increasingly being called into question because of deliberate disinformation campaigns by parties to conflicts, as well as the fear of media manipulated by Artificial Intelligence (AI). And questions around chain of custody and admissibility of digital evidence have not fully been resolved by international courts. This essay unpacks some of these challenges. It suggests some ways in which governments and big tech should seek to ensure access to digital spaces and put in place measures to increase the integrity of online content, and how investigators and lawyers can gather, authenticate, archive, and establish chain of custody to ensure it can be used in accountability processes.

„The dead are sleeping here” - the history, archaeology and ethnography of Chojnice’s Death Valley

Death Valley in Chojnice, Poland, is a mass murder site from World War II where Germans and various officials of the Third Reich organised and carried out mass executions of Poles. The site and the events that took place there have been the subject of scholarly research and war crimes prosecutions since 2020. This paper intends to outline three aspects of them: 1) how playing in Death Valley as a child determined the later scholarly interest in the site, 2) how reading of a book Chojnice 1939–1945, about World War II and the crimes committed in the region, drew attention to undiscovered aspects of the site, 3) the last parts present the course and preliminary results of three seasons of scientific research and prosecution of war crimes committed on the northern outskirts of the town.

Legal Tug-of-War: The Institutional Challenges of the Domestic Prosecution of War Crimes in Ukraine

This article navigates the complexities of domestic prosecution of war crimes in Ukraine following Russia's invasion in February 2022. The unprecedented scale of atrocities has presented significant challenges to domestic prosecutors and judges in addressing the multifaceted legal landscape. The research aims to provide a nuanced understanding of various actors' roles, responsibilities, and investigations within Ukraine's national legal and judicial system.
 The article offers a comprehensive overview of the infrastructure of domestic criminal prosecution, emphasising the pivotal role played by the national legal and judicial system. It explores the accountability, methods, and investigations associated with war crimes and outlines the general challenges that Ukraine's domestic judicial prosecution system faces.
 The research unravels the intricacies of Ukraine's domestic criminal justice system and illustrates its multifaceted responsibilities and functions. By highlighting the critical role of the national legal and judicial system, the article identifies challenges that underscore the complexity of prosecuting war crimes domestically.
 The analysis reveals crucial aspects of prosecuting war crimes in Ukraine. Hurdles in navigating the legal terrain, collecting and preserving evidence, securing credible witnesses, and overcoming jurisdictional barriers underscore the need for bolstering investigative capacities and fostering international cooperation. The identified challenges highlight the imperative for enhanced training and capacity-building initiatives within the legal and judicial sectors. The overarching challenge lies in promoting a systemic shift in the legal culture, emphasising accountability for international crimes. Addressing these challenges requires a multi-faceted approach involving legal reforms, capacity-building, international collaboration, and a cultural shift towards recognising the significance of prosecuting international crimes. Ukraine can effectively pursue justice for such egregious crimes through a comprehensive strategy.

Воєнні злочини в кримінальному праві України

The article highlights the concepts, signs and classifications of war crimes. Disclosure of the meaning of the concept of "war crime" taking into account the provisions of international criminal law. Attention is focused on revealing the meaning of the concept of "war crime" taking into account the provisions of international criminal law. Ukraine is going through a difficult period of history associated with the armed conflict in the east of the country. This creates a serious need for the study and regulation of war crimes in the context of national criminal law. The formulation of the problem focuses attention on war crimes as an object of research. This allows us to determine the specificity of these crimes and the need for their separate legal regulation. Criminal acts in the context of armed conflict have their own characteristics and may differ from crimes committed in peacetime. Further research of this problem may include an analysis of the legal regulation of war crimes in Ukraine, a comparison with international norms, a study of the practice of prosecution of war crimes, as well as the development of proposals for improving legislation in this area. The article reveals the concept of a war crime in the criminal law of Ukraine, its characteristics, the list of war crimes provided for by the Criminal Code of Ukraine. Information is provided on the legal status and concept of war crimes according to Ukrainian legislation, as well as an analysis of international norms that regulate this problem. The problems of war crimes, the ways of their solution and regulation are disclosed. Analysis of sanctions for the commission of war crimes provided for in accordance with the legislation of Ukraine. Analysis of ensuring the rights of suspects and accused in war crimes, as well as compliance with international standards. Classification of war crimes of Ukrainian criminal law, which includes: crimes against peace, crimes against civilians and war crimes. Analysis of the protection of the rights of an individual, as well as ensuring a fair trial for suspects and accused persons.

Processing War Crimes in front of National Courts in the Region – Between International Obligations and Real Politics

The fight against impunity for war crimes is one of the basic principles of international law. The criminal prosecution of the perpetrators of these crimes stems from international obligations that states have for the purpose of establishing facts and truth as the basis for establishing the rule of law. The right to the truth as a basic guarantee against repetition, the obligation to prosecute serious crimes under international law and the right to a fair trial, the right to effective legal remedies and reparations, and the obligation to remember and memorialize, are obligations prescribed to states by numerous international legal instruments. A fundamental contribution to the fight against impunity for crimes committed on the territory of the former Yugoslavia in the armed conflicts of the nineties of the twentieth century was made by the International Ad Hoc Criminal Tribunal for the former Yugoslavia. His legal legacy is significant both in the field of determining responsibility for crimes and in the development of international law. With the strategy for ending the work of the International Criminal Tribunal for the former Yugoslavia, the obligation to process war crimes was placed under the jurisdiction of the national courts of the countries in the region. The judicial authorities in the region, with the support of the International Residual Mechanism for Criminal Courts, the successor of the International Criminal Tribunals for the former Yugoslavia and Rwanda, took on the responsibility of prosecuting war crimes committed during the armed conflicts of the 1990s in the territory of the former Yugoslavia, and for this purpose specialized departments were established courts and prosecutor's offices for processing war crimes. However, numerous suspects of high or middle military and civilian chain of command who participated in crimes, most of which were committed on the territory of Bosnia and Herzegovina, and for which their superiors were convicted before the Hague Tribunal, have not yet been prosecuted, that is, the sentences have been carried out. The national courts in the region, which have the obligation to ensure the implementation of the international principle of the fight against impunity and to continue the work of the international judiciary, have proven to be ineffective in that area, if not in the service of realpolitik. Numerous high-ranking war crime suspects avoid criminal responsibility by fleeing to neighboring countries where they have or have acquired dual citizenship. By abusing the institution of extradition, impunity has been granted to those suspected of serious violations of international law. In addition, by unfoundedly applying the institute of universal jurisdiction in the prosecution of war crimes, national courts not only ignore the jurisprudence of international courts, but also contribute to the revisionism of established facts. The lack of regional cooperation in the prosecution of war crimes, despite numerous agreements signed for this purpose, the non-recognition of judgments of the courts of neighboring states in the region, are problems that continue to prevent the acceptance of facts and truth as the basis of a guarantee of non-repetition. Moreover, the facts established in the judgments before the international judiciary are the subject of institutional denial and revisionism in the territories of the states of the former Yugoslavia that participated in armed conflicts in the 90s. Negationism and revisionism, deeply institutionally rooted in the post-war societies of the former Yugoslavia, their toleration and approval, as well as the ineffective work of the national judiciary, led to the phenomenon of glorification of crimes and war criminals in the region. Through the reports of relevant international and national institutions and examples from court practice, this work aims to point out the obligations and key shortcomings in the work of national courts in the region of the former Yugoslavia and the problems of regional cooperation in the prosecution of war crimes.

Talking about War Crimes: War Crimes Discourse and Strategy

One of the characteristics of the current war in Ukraine is the intensity of talks and practices regarding war crimes and accountability. Since Russia’s invasion in February 2022, both Ukraine and Russia have consistently claimed that the other side has been conducting inhumane war crimes while seeking accountability, domestically and internationally. Meanwhile, the International Criminal Court (ICC) has opened investigations into the situation in Ukraine. Various international and civil society actors have been actively investigating alleged war crimes, pursuing accountability mechanisms. At the same time, concerns that war crimes prosecution during conflicts may hinder the peace are persistent. And the prospect of prosecution and actual trial of Russia’s ‘big fish’ is full of uncertainty. 136Defence Strategic Communications | Volume 12 | Spring 2023DOI 10.30966/2018.RIGA.12.7Yet, the level of intensity of war crimes discourse in the current situation is worth highlighting. What do people expect from war crimes accusations? Why and in what ways does talk of war crimes matter?

Selectivity in the prosecution of war crimes

Selectivity in the prosecution of war crimes

Legal Framework for Prosecution of Sexual Violence Cases in Bosnia

International tribunals have been very important in bringing criminals to justice involved in sexual violence. The tribunal has demonstrated that it is possible to effectively prosecute wartime sexual violence and has provided a forum for unfortunate victims to discuss their suffering. The tribunal is anticipated to be capable of prosecuting and exploring a variety of international and domestic sexual abuse. The legal framework and various laws that have been implemented to it have improved the regulatory and legal structure for the prosecution of national war crimes, which has led to a decrease in the various crimes of sexual violence on a worldwide scale. The article that follows is based on qualitative methods of research. An analysis of qualitative research methodology is presented in the following article.

“Maybe in a few years I'll be able to look at it”: a preliminary study of documentary issues in the Ukrainian refugee experience

Following the February 2022 invasion of Ukraine by Russia, millions of refugees have fled Ukraine for safety in neighbouring countries, including Poland. This movement of people has been facilitated by, and has produced, documentation that will have significant afterlives as evidence and memory. The records refugees have carried with them, the records they have made during flight, and the records created in their encounters with states and communities beyond their homeland, will be important in the prosecution of war crimes, the reconstruction of events, the reconstitution of communities and the protection of rights and entitlements. This article sets out the findings of a pilot study into the documentary experiences of Ukrainian refugees in Poland. Interviews conducted by and with Ukrainian refugees consider the removal of records, the documentation of the refugee experience, the documentary requirements of border crossings, and the informational requirements of life beyond the border. Although drawing on a limited study population, the research surfaces some significant issues related to the preservation of memory and culture, exclusionary and hostile government information systems, and research ethics. This article could help to inform archival solidarity with Ukraine; it underscores the need for trauma-informed archival research and practice; and finally suggests the need for a person-centered approach to this work.

EVIDENCE IN THE INTERNATIONAL CRIMINAL COURT – THE ROLE OF FORENSIC EXPERTS: THE UKRAINIAN CONTEXT

Background: Ukraine faced unprecedented challenges for to the national justice system and the possibility of using international justice to bring the Russian Federation military, officers,and officials to justice after the full-scale invasion of Ukraine by the Russian Federation on 24 February 24, 2022. Since In March 2022, the ICC Prosecutor has started an investigation of into war crimes in Ukraine. In addition, joint investigative groups are carrying out activities. Cooperation between pre-trial investigation bodies of Ukraine through the Prosecutor General of Ukraine with and the International Criminal Court has been established. Therefore, the research of into possible problems in the criminal procedure of prosecution for war crimes is one of the priority areas for Ukrainian law enforcement practice and legal science. Methods: The present article is devoted to the peculiarities of the ICC international criminal justice, in particular the ICC jurisdiction in the territory of Ukraine (Ukraine has not ratified the ІСС Rome Statute), the ICC model of administration of justice, the rules of admissibility of evidence, the status of experts, and the features of expert involvement during ICC trials. Results and Conclusions: The authors found that several provisions of the joint Order of the Ministry of Internal Affairs of Ukraine, the Ministry of Health of Ukraine, and the Office of the Prosecutor General ‘On approval of the Procedure for interaction between bodies and units of the National Police of Ukraine, health care institutions and the bodies of the Prosecutor’s Office of Ukraine in establishing the fact of the death of a person during martial law on the territory of Ukraine’ dated 9 March 2022 do not correspond to the Code of Criminal Procedure of Ukraine. The authors emphasise that the erroneous provisions of this bylaw could serve as a legal basis for avoiding criminal responsibility for war crimes.

Domestic Accountability Efforts in Response to the Russia–Ukraine War

Abstract Since the beginning of Russia’s invasion of Ukraine on 24 February 2022, the Ukrainian authorities have faced an unprecedented surge in the numbers of alleged mass atrocity crimes committed in the areas of hostilities and parts of Ukraine’s (de)occupied territories. Eight months into the war, the Office of the Prosecutor General of Ukraine has already registered over 47,000 instances of alleged crimes, including war crimes and the crime of aggression. Ukrainian courts have swiftly delivered first verdicts in the war crimes trials signalling their willingness to deliver justice even in the midst of the raging war. This article provides a brief recap of the domestic prosecution of atrocity crimes prior to Russia’s invasion of Ukraine on 24 February 2022. It then evaluates the progress that has been achieved by the Ukrainian authorities and judiciary in relation to the prosecution and adjudication of war crimes since the beginning of Russia’s invasion of Ukraine. It analyses key findings of the first war crimes verdicts rendered by the Solomyanskyy District City Court in Kyiv (later modified by the Kyiv Court of Appeals with respect to the sentence) and the Kotelevskyy District Court in the Poltava region, and appraises the application of international humanitarian law by Ukrainian judges. The article concludes by situating Ukrainian domestic efforts within the larger context in closing the impunity gap for atrocity crimes against the backdrop of a broader discussion of transitional justice in Ukraine.

Australian Representatives to the UNWCC, 1943–1948

Abstract Australia had a number of significant personnel involved in the United Nations War Crimes Commission (UNWCC). Yet the strongest Australian influence on the UNWCC was not Australian at all; it was the British-born jurist Lord Wright of Durley, who served as Australia’s representative from mid-1944 and as UNWCC chair during the pivotal years from 1945 to 1948. Lord Wright took charge only months before the wars in Europe and the Pacific ended and thus played a significant role in directing the UNWCC’s efforts during this crucial period. Unfortunately, the UNWCC became less and less able over time to influence its national members and their approaches to prosecuting war crimes. The eventual sidelining of the UNWCC does not, however, change its important place in the history of multilateral institutions that sought to deal with war crimes committed in the twentieth century by means of international criminal law. Nor does it detract from the honest and industrious work of the various national representatives, including Lord Wright, to ensure that war criminals did not escape justice.

The limits of discretion in the investigation and prosecution of war crimes at the international level: The Mavi Marmara saga

The article deals with the basic criteria involved in the selection of situations to be investigated and cases to be prosecuted before the International Criminal Court. These are examined in light of the goals of international criminal justice and the structural and evidentiary difficulties encountered by judicial mechanisms of international mission and composition. The analysis focuses on the limits of prosecutorial discretion at the level of international criminal justice. The Mavi Marmaraship incident is used hereto as a key point of reference.

SOME LEGAL ASPECTS OF APPLICATION OF UNIVERSAL JURISDICTION OVER WAR CRIMES

The application of universal jurisdiction over war crimes requires responses to a number of questions: Which crimes under international law are considered war crimes? Is there consensus regarding the application of universal jurisdiction over war crimes? Is the prosecution of war crimes under universal jurisdiction the right or the duty of a state? Does the application of universal jurisdiction over war crimes require any connection to the forum state? Do the state officials enjoy immunities from being prosecuted by foreign states under universal jurisdiction for war crimes? Which value should outweigh in deciding of reasonableness of application of universal jurisdiction – to prevent the impunity of the perpetrators of war crimes or to ensure stable and secure international relations with the foreign states? What measures should be taken to ensure further efficiency of universality principle in combatting international crimes? 
 These questions are the major ones, but not exhaustive and the answers to them have both theoretical and practical importance. In this article we will try to find answers to those questions analyzing the relevant norms of international law, the decisions of the international courts, the legislation and case-law of the states, as well as the legal doctrine. Significant place in the article is allocated to the questions related to the limitations on application of universal jurisdiction and how these limitations could affect the future perspective of this principle. 
 Findings reached in the article are that further limitations on application of universality principle can lead to loss of its meaning as a legal concept and adoption of a single convention in this field is the possible way out to preserve the important role of this principle in fighting international crimes.

A Comparative Study of War Crimes Prosecutions by Bosnia and Herzegovina and Serbia

This paper contrasts the diverging war crimes prosecution efforts of Serbia and of Bosnia and Herzegovina with the aim of determining which factors played a role in the radically different outcomes, and to what extent. It will measure three elements: the effect of international incentives, structural judicial challenges, and ethnic composition, in order to establish which element played the most prominent role in the strikingly lower effectiveness and efficiency of war crimes prosecutions by Serbia in comparison to Bosnia and Herzegovina. The findings suggest that ethnic composition has the strongest influence over the degree to which war crimes prosecutions are pursued, and that this can consequently determine the effectiveness of international incentives. These findings will allow for a better understanding of the success of past post-conflict criminal prosecutions. This enhanced understanding will in turn inform future war crimes prosecutions and help shape measures that could be taken to mitigate the destructive effects of the most prominent spoiling components.

Digital Evidence in Domestic Core International Crimes Prosecutions

Abstract The conflicts in Syria and Iraq, being some of the most documented in history, have also led to one of the largest influxes of refugees to Europe in recent years. Many of the asylum seekers arriving in European cities identified themselves, or have been identified, as victims, witnesses or perpetrators of atrocities. Consequently, criminal investigations have been initiated by the local police with the aim of prosecuting those responsible for genocide, war crimes and crimes against humanity committed in Syria and Iraq. With an increasing number of war crimes prosecutions in European domestic courts relating to the atrocities committed, documented and shared by returning fighters, domestic authorities are compelled to find ways to effectively collect, process, analyse and share the user-generated data. This article discusses the ways in which digital evidence related to the conflicts in Syria and Iraq, particularly online open source materials, are being litigated and judicially evaluated in the domestic jurisdictions of Germany, Finland, Sweden and the Netherlands. Finding parallels between these approaches, with the aim of distilling best practices in evidence collection, processing and analysis, should inform future prosecutions of international crimes in domestic jurisdictions worldwide.

The Justice We Deserve: War Crimes Prosecutions in Guatemala

Despite persisting impunity, over the past several years Guatemala has made important strides in prosecuting war crimes committed during the internal armed conflict (1960–1996). This article provides an ethnographic account of the 2018 Molina Theissen trial, which resulted in the conviction of four senior military officials for crimes against humanity, aggravated sexual violence, and forced disappearance. An ethnographic study of this critical human rights trial can help us understand how a country with a relatively weak judicial system and well-organized spoilers has managed to hold the intellectual authors of wartime atrocities responsible for their acts. It also contributes to a richer understanding of the construction, meaning, and impact of human rights prosecutions for victims and the broader society, and what role they play in broader public debates over the historical memory of conflictual pasts.