Volume 12 - Issue 71
/ November 2023
103
http:// www.amazoniainvestiga.info ISSN 2322- 6307
DOI: https://doi.org/10.34069/AI/2023.71.11.9
How to Cite:
Shulha, A., Tkach, A., Murzo, Y., Horodetska, M., & Sokur, T. (2023). Forensic information sources during the investigation of war
crimes. Amazonia Investiga, 12(71), 103-116. https://doi.org/10.34069/AI/2023.71.11.9
Forensic information sources during the investigation of war crimes
Джерела криміналістичної інформації під час розслідування воєнних злочинів
Received: October 10, 2023 Accepted: November 27, 2023
Written by:
Andriy Shulha1
https://orcid.оrg/0000-0001-5524-5433
Andrii Tkach2
https://orcid.org/0009-0007-3253-3687
Yevheniia Murzo3
https://orcid.org/0009-0000-4409-0560
Maryna Horodetska4
https://orcid.org/0000-0002-3228-6299
Tetiana Sokur5
https://orcid.org/0000-0002-2061-2229
Abstract
The relevance of studying the forensic
information sources in the investigation of war
crimes is determined by the specifics of these
acts, the impact of the armed conflict on the
activities of law enforcement officers, and the
need for information exchange between national
and international agencies. The aim of the study
is to determine the specifics of working with
forensic information sources in the investigation
of war crimes. The research employed the logical
method, comparative method, forecasting.
The commission of war crimes in wartime
determines the specifics of the choice of forensic
information sources. The legal status of
information affects the possibility of its use in the
investigation process. Working with data sources
depends on regulatory, infrastructural support,
and staffing. Subjects of work with forensic
information sources are national and foreign law
enforcement agencies and international
institutions. The appropriateness of data
exchange using European platforms is
substantiated.
1
Candidate of Juridical Sciences, Associate Professor of the State and Legal Disciplines and Public Administration Department,
Faculty №4, Donetsk State University of Internal Affairs, Kropyvnytskyi, Ukraine.
2
Candidate of Juridical Sciences, Senior Lecturer of the Department of Criminal Procedure, National Academy of Internal Affairs,
Kyiv, Ukraine.
3
Postgraduate student, Department of Criminal Procedure, National Academy of Internal Affairs, Kyiv, Ukraine. WoS Researcher
ID: HOC-1764-2023
4
Doctor of Law Sciences, Associate Professor, Head of the Department of Organization of Pre-trial Investigation, Faculty №1, Kryvyi
Rih Educational & Scientific Institute, Donetsk State University of Internal Affairs, Kryvyi Rih, Ukraine. WoS Researcher ID:
AAY-6835-2021
5
Doctor of Philosophy, Associate Professor of the Department of Criminal, Civil and International Law, Law Faculty, National
University “Zaporizhzhia Polytechnic”, Zaporizhzhia, Ukraine. WoS Researcher ID: JGC-7268-2023
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The academic novelty of the research consists of
analysing the sources of forensic information in
the context of the specifics of war crimes and the
specifics of cooperation between national and
international agencies.
The study reveals the prospects of
algorithmization of work with sources of forensic
information on war crimes in the context of
armed conflict.
Keywords: War crimes, criminal proceedings,
investigations, effectiveness of evidence,
forensic information.
Introduction
The uniqueness of war crimes is determined by
the duality of regulation, which determines
different contexts of analysis:
− when war crimes are committed,
international humanitarian law emphasizes
the protection of war victims, international
criminal law focuses on ensuring law and
order and responsibility for the committed
acts (Banjarani et al., 2023);
− due to the highest degree of public danger of
war crimes, their criminalization in national
law is not mandatory (Hathaway et al.,
2019). However, the international criminal
law prohibition (International Criminal
Court, 2010) does not limit individual states
to determine their own approaches to these
acts (Ortynska et al., 2022);
− prosecution for war crimes falls under the
jurisdiction of the International Criminal
Court (ICC), but the capabilities of national
law enforcement and judicial authorities are
not diminished (Mayans-Hermida & Hola,
2020; Colvin & Orchard, 2022);
− war crimes are systemically linked to
transnational crimes (illegal trafficking of
cultural values, weapons, money laundering,
etc.) (Caianiello, 2022).
Accordingly, the investigation of war crimes
involves the specifics of the forensic information
sources and the peculiarities of their processing
(Freeman, 2018; Paliy, 2022). This raises a
number of conceptual, organizational and
applied problems in identifying and processing
forensic information sources, in particular:
− a large number of data sources with all the
structured and unstructured information
contained in them, with a focus on
identifying and using digital traces
(Freeman, 2021);
− a wide list of owners of data sources (from
the state to specific individuals) (Blahuta &
Movchan, 2020), which requires
establishing communication with them on
the part of law enforcement agencies;
− the specifics of working with victims of
conflict-related violence and witnesses of
such crimes (Murad Code, 2022);
− communication of national and international
law enforcement agencies, use of platforms
for exchanging information about war
crimes (Aksamitowska, 2021; Moussa,
2021);
− determining the possibilities of using
forensic information on war crimes to solve
and investigate other crimes (Tsybulskyi,
2022).
The latest forensic information sources increase
the speed and efficiency of war crimes
investigations. At the same time, they urge the
issue of security and compliance with human
rights in criminal proceedings (Akbari et al.,
2022), which determines the appropriateness of
discussing the standardization of their
investigation process (Dufeniuk, 2022).
So, the study of forensic information sources on
war crimes is determined by the specifics of such
acts and the objective impossibility of using
traditional approaches to collecting evidence
(Schmitt, 2022; Fedoriv, 2022). In general, all
problematic aspects are relevant to theory and
practice. However, only their comprehensive
critical consideration can increase the
effectiveness of criminal prosecution for the
commission of such acts.
Shulha, A., Tkach, A., Murzo, Y., Horodetska, M., Sokur, T. / Volume 12 - Issue 71: 103-116 / November, 2023
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Aim
The aim of the study is to examine the forensic
information sources as a component of ensuring
the effective investigation of war crimes and to
determine areas for improving work with those
sources.
The aim involved the fulfilment of the following
research objectives:
a) generalize the approaches to understanding
war crimes, present their classification;
b) identify the types of forensic information
sources in the context of the specifics of the
investigation of war crimes;
c) outline promising directions for
improvement of war crimes investigation
procedures.
The results of the study can be conditionally
divided into three sections. The first introduces
readers to approaches to defining war crimes.
This section provides statistical information on
the main categories of crimes committed on the
territory of Ukraine by the Russian Federation -
crimes of aggression and war crimes, crimes
against national security, and crimes against
children. Also, the relationship between war
crimes and transnational acts in the conditions of
armed conflict is described. The second section
reveals the classification of forensic information
sources, highlighting the problems of their
processing. This section provides information on
subjects of work with forensic information
sources and data exchange between them. In
particular, the importance of forming some
international cooperation instruments is
emphasized, their examples and key tasks are
given. The third section summarizes the analysis,
identifying the problems that complicate the
work with forensic information sources during
the investigation of war crimes. This section
proposes directions for improving the processing
of forensic information sources.
Literature Review
The literature review was conducted regarding
the main aspects on which the research is based.
The sources of scientific information were
divided into groups depending on the identified
aspects, and the most representative ones in the
study context were analyzed. In particular, the
main attention is paid to the classification of war
crimes, the participation of national and
international actors in the investigation of war
crimes, the understanding of the category of
forensic information, the identification of
sources of forensic information and the prospects
for improvement. The results of the conducted
review according to the defined categories are as
follows:
1. Classification of war crimes. The
international legal regulation of the elements
of war crimes (International Criminal Court,
2010) contributes to the diversity of
approaches to their generalization. In
particular, broad (Ghosh, 2022) and narrow
(Banjarani et al., 2023) approaches are
proposed. Along with this, the limitations of
the features of international criminalization
for the further study of war crimes are
emphasized (Hathaway et al., 2019). The
number of types of war crimes determine the
use a situational approach to specialized
methods of their investigation (Dufeniuk,
2022).
2. Participation of national and international
actors in the investigation of war crimes. The
importance of the ICC in responding to war
crimes is emphasized (Colvin & Orchard,
2022). The leading role of nation states in
criminal prosecutions is noted
(Mayans-Hermida & Hola, 2020). The
problem of admissibility of evidence
collected by national investigators is
outlined (Braga da Silva, 2020; United
Nations, 2022b).
3. Understanding forensic information and its
importance in the process of investigating
war crimes. The study of the nature and
types of forensic information clarified its
purpose (Tsybulskyi, 2022) and gave
grounds to analyse the technical support for
data collection and processing (Filipov,
2022). The formation of the newest branches
of forensic activity, which specialize in the
study of large amounts of information, is
noted (Kozytska, 2022; Dufeniuk, 2022).
The issues of ensuring the security of the
received information, its availability, and the
protection of human rights in criminal
proceedings are urged (Freeman, 2018;
Akbari et al., 2022).
4. Forensic information sources. The
dominance of open sources is emphasized
(Nizamani et al., 2019; Blahuta & Movchan,
2020). images on the Internet and on
personal media occupy a special place
among them (Meng et al., 2020). In general,
it is stated that war crimes leave digital
traces, which fundamentally changes their
investigation (Freeman, 2021). However,
the discourse on traditional sources of
forensic information remains relevant.
These include forensic examinations
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(Morgan & Levin, 2019; Cioffi &
Cecannecchia, 2023). Work with victims is
important (Institute for International
Criminal Investigations, 2022; Human
Rights Center, 2022). The studies on data
exchange is a separate block of research. In
particular, the need for international
cooperation agreements on the storage of
digital evidence (Moussa, 2021), the
effective use of a platform for such an
exchange based on Eurojust (Caianiello,
2022) are emphasized. The experience of
Ukraine shows the effectiveness of
combining work with the latest and
traditional sources of information during the
investigation of war crimes (Ministry of
Temporarily Occupied Territories and
Internally Displaced Persons of Ukraine,
2019; Office of the Prosecutor General,
(s.f)).
5. Prospects for improving work with forensic
information sources. In particular, the
following methods are considered
appropriate:
a) standardization of the investigation of war
crimes (Dufeniuk, 2022);
b) implementation of technical and
technological means of detection and
identification of traces (Filipov, 2022);
c) using the capabilities of international
humanitarian agencies (Ortynska et al.,
2022).
Special attention is paid to the training of
specialists both in the process of exchanging
experience and on the platforms of international
non-governmental organizations (OECD, 2021;
Institutefor International Criminal
Investigations, 2022). So, the literature presents
a number of conclusions regarding the work with
forensic information sources during the
investigation of war crimes. However, they
mainly cover certain problematic issues and do
not fully use the possibilities of analysing war
crimes at the current stage.
Methodology
Research design
The problems of the research determined its
procedure, which is presented in the form of
successive stages of achieving the set aim (block
diagram). The text of studying the experience of
Ukraine in the investigation of war crimes in the
context of the military conflict chronologically
limited the research to the period of armed
aggression.
Methods
The following methods were used during the
research:
− the method of descriptive analysis was used
to study the factors that influence the work
with the sources of forensic information on
war crimes. Among other things, with the
help of this method, the limitations faced by
subjects of work with sources of forensic
information according to each of these
sources were determined (for example, if the
source of information is victims, the
limitation may be a reluctance to report the
crime, problems with access to information
etc);
− the logical method in law made it possible to
identify the specifics of the regulation of
responsibility for war crimes and the
specifics of their investigation by national
and international institutions (ICC,
Eurojust). With the application of this
method, the process of information
movement between such institutions, as well
as the specifics of international cooperation
tools, was revealed;
− the comparative method was applied to
compare the experience of Ukraine with the
standardized practices of processing forensic
information sources in the investigation of
war crimes. This made it possible to reveal
the positive experience of Ukraine in this
field, in particular, the fruitfulness of
combining work with new and traditional
sources of information during the
investigation of war crimes, which is an
important practical achievement of the
work;
− the forecasting method was used to
determine the prospects for improving the
forensic information support for the
investigation of war crimes, taking into
account their types and the specifics of data
sources. Such perspectives were formed
based on the problems identified during the
research in working with forensic
information sources. Each of the identified
perspectives solves a separate task to
overcome the corresponding problem.
The validity of the specified methods is
explained by the fact that their use made it
possible to solve all the tasks specified in the
work and, ultimately, to achieve the research
goal. The reliability of the methods is supported
by the use of information from official sources,
appropriate standards of work with forensic
information sources, current investigation
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practices, and expert opinions during their
implementation.
Sample
Along with specialized studies, the following
sources were processed in the course of the
research:
− standards for working with sources of
forensic information on crimes related to
armed conflict (in particular, Berkeley
Protocol on Digital Open Source
Investigations; Prevention and Response to
Conflict Related Sexual Violence (United
Nations, 2022a); The Global Code of
Conduct for Gathering and Using
Information about Systematic and Conflict-
Related Sexual Violence);
− current practices of investigating war crimes
in the context of armed conflict in Ukraine
(in particular, Ukraine: UN expert urges all
war crimes investigators work closely with
national authorities; Guide to collecting
evidence for the International Criminal
Court and documenting international
crimes);
− expert generalizations regarding the
prospects for improving the investigation of
war crimes (in particular, the Annual Report
of the Institute for International Criminal
Investigations; Performance of the
Prosecution Services in Latvia).
Figure 1. Block diagram of the research stages.
Source: (developed by authors)
Results
The choice of the necessary forensic information
and its sources is significantly influenced by the
understanding of war crimes. In general, its basis
is the connection between international criminal
and international humanitarian law, as well as the
reflection of their provisions in national criminal
legislation (see Figure 1A).
Selection and review of
literature and analytical
materials on the peculiarities
of working with forensic
information sources during
the investigation of war
crimes.
Identifying problematic
issues of working with
forensic information sources
taking into account the
peculiarities of the methods
of investigation of war
crimes.
1
2
Determining a set of
research methods for
working with forensic
information sources
during the investigation of
war crimes.
Selection and analysis of:
the legal and analytical information regarding
the selection and processing of forensic
information sources in the investigation of war
crimes;
practical experience regarding the specifics of
individual sources of forensic information.
Drawing conclusions on the peculiarities of
working with forensic information sources
taking into account the types of war crimes;
providing recommendations on the ways to
improve work with such sources to increase the
effectiveness of law enforcement activities.
3
4
5
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Figure 1A. War crimes in the context of international and national law.
Source: (developed by authors)
At the same time, the grounds of individual
criminal responsibility determine the need for a
certain approach to defining the list of acts that
are considered war crimes. Broad and narrow
approaches can be distinguished in this regard.
Within each of them, all war crimes are
characterized by two common features –
contextual and psychological (see Figure 1B).
Figure 1B. Broad and narrow approaches to the list of war crimes.
Source: (developed by authors)
According to the Office of the Prosecutor
General of Ukraine, since the beginning of the
full-scale invasion of the Russian Federation into
Ukraine, crimes of aggression and war crimes,
crimes against national security, and crimes
against children have been the main categories of
crimes committed by the invaders. Figures 1C-
1E show statistics on the number of crimes of the
specified categories as of September 1, 2023.
Effective law enforcement control both over
temporarily occupied territories and in areas
where hostilities continue is objectively difficult
in the conditions of an international armed
conflict. This determines the importance of
connections between war crimes and other
crimes, primarily transnational ones (see Figure
1E).
International criminal law
International humanitarian
law
National criminal law
War crimes
Individual criminal responsibility
1. Contextual feature – connection with armed conflict.
2. A psychological feature — the actors’ awareness of both their own
behavior and its connection with the armed conflict.
Broad approach:
1. Crimes against peace (planning and waging an aggressive
war)
2. Crimes against humanity (atrocities against the civilian
population)
3. Genocide
4. Traditional war crimes (violation of the laws and customs of
war)
Narrow approach
Traditional war crimes
(violation of the laws and
customs of warfare)
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Figure 1C. Crimes of aggression and war crimes.
Source: (built by the author based on ArmyInform, 2023)
Figure 1D. Crimes against national security.
Source: (built by the author based on ArmyInform, 2023)
Figure 1E. Crimes against children.
Source: (built by the author based on ArmyInform, 2023)
102554
78
62
3011
0 20000 40000 60000 80000 100000 120000
Violation of the laws and customs of war
Planning, preparation or launching and waging an
aggressive war (Article 437 of the Criminal Code)
War propaganda (Article 436 of the Criminal Code)
Other
Crimes of aggression and war crimes
5717
2670
6222
886
76
1091
0 1000 2000 3000 4000 5000 6000 7000
Encroachment on the territorial integrity and
inviolability of Ukraine (Article 110 of the…
Treason (Article 111 of the Criminal Code)
Collaborative activity (Article 111-1 of the Criminal
Code)
Assistance to the aggressor state (Article 111-2 of
the Criminal Code)
Диверсія (ст. 113 КК)Subversion (Article 113 of the
Criminal Code)
Other
Crimes against national security
503
1117
0 200 400 600 800 1000 1200
Died
Wounded
Crimes against children
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Figure 1F. War crimes as an element of the totality of illegal acts of a transnational nature.
Source: (developed by authors)
Certain forensic information is collected and
processed in the process of investigating war
crimes: information about a specific set of
circumstances of the crime, which are studied
using forensic means and methods. A significant
volume of data determines the appropriateness of
classifying the sources of forensic information, in
particular, according to the form and the
connection between obtaining information and
its legal status (see Figure 2).
Figure 2. Classification of forensic information sources.
Source: (developed by authors)
A complex vision of war crimes determines the
specifics of the selection of forensic data in the
context of an armed conflict. Regardless of the
approach to understanding such crimes, attention
in the process of their investigation is focused on
interconnected sets of data (see Figure 3).
Trafficking in
human beings /
organs for
transplantation
Relationship of war crimes with transnational organized
crime
Illegal
circulation of
cultural values
Laundering of criminal
proceeds
Illegal trafficking of
weapons and
explosives
Traces of crime
Form of forensic information sources
Databases
The results of
studying the
materials of
criminal
proceedings
Results of
investigative
(search) actions
Correlation between the forensic information sources and the status
of the received information
Indicative – data obtained:
without observing the norms of the procedural
law;
within the framework of procedural actions;
in connection with procedural actions
Evidentiary - data obtained
from sources established by the
procedural law by procedural
means
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Figure 3. Collections of forensic data on war crimes.
Source: (developed by authors)
Correlation of the specifics of war crimes and the
specifics of forensic information makes it
possible to determine relevant sources of forensic
information. As war crimes are caused by an
armed conflict, the choice of such sources in
wartime is determined by the intensity of
hostilities and the situation in particular
territories.
The experience of Ukraine shows the importance
of these conditions when working with certain
forensic information sources. In particular, the
list of data sources that can actually be processed
is limited due to the mining of the territory, the
impossibility of simultaneously involving a large
number of investigators and experts, problems of
technical and forensic support for work at the
scene (see Figure 4).
Figure 4. The main sources of forensic information on war crimes and the problems of their processing
(using the example of Ukraine)
Source: (developed by authors)
Based on the experience of Ukraine, the subjects
working with the sources of forensic information
on war crimes include national, foreign, and
international specialists - employees of law
enforcement agencies and special institutions. In
this case, an important aspect is the exchange of
Depending on the persons who have
been aggressively attacked:
1. Civilian population
2. Prisoners of war
3. Representatives of international
missions
Depending on the territory where the
crime was committed:
1. In the territory under the control of a
legitimate authority that was not under
occupation
2. In the de-occupied territory
Depending on the objects against which
an aggressive attack was carried out:
1. Civilian housing
2. Critical infrastructure
Depending on the nature of the
damage:
1. Life and health of the victims
2. Property
3. Ecological
Vvictims and
witnesses
Conclusions of
forensic
examinations
Internet resources
The results of the
inspection of the
scene
Main sources of forensic information on war crimes
Reluctance to report crimes;
Lack of resources for indirect
and remote information
collection
Lack of technical capabilities and
software for collecting and
documenting information
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evidentiary forensic information. In the current
context, the information exchange platforms are
of great importance. For example, Eurojust
accumulates information on war crimes and
ensures their transfer to the Prosecutor’s Office
of the ICC (see Figure 5).
Figure 5. Subjects working with sources of forensic information and exchange of data on war crimes (using
the example of Ukraine)
Source: (developed by authors)
Today, the formation of such international
instruments of cooperation as the Joint
Investigation Team (JIT) and the International
Centre for the Prosecution of the Crime of
Aggression against Ukraine (ICPA) are of great
importance for the collection and exchange of
evidentiary information). The JIT investigates
serious international crimes, and the members of
the group concluded an agreement not only to
investigate war crimes, but also genocide crimes.
The JIT was established on March 25, 2022, with
the participation of Ukraine, Lithuania, and
Poland, but later the composition of the group
expanded by joining of Estonia, Latvia, Slovakia
(May 31, 2022), and Romania (October 13,
2022). On March 3, 2023, JIT member countries
signed a Memorandum of Understanding with
the US Department of Justice. Europol also joins
Eurojust and the ICC Prosecutor’s Office as the
JIT members (Europol, 2021). ICPA started its
work on July 3, 2023 in The Hague. Ukraine is
represented in it by the Eurojust Liaison
Prosecutor. ICPA is integrated into Eurojust as a
unique judicial centre for supporting
investigations of the crime of aggression arising
in connection with the war in Ukraine. The centre
employs the prosecutors from different states,
who quickly and efficiently exchange
information and agree on aspects of the
investigation and prosecution strategy (Eurojust,
2023).
In view of the above, it is possible to formulate a
number of problems that complicate the work
with forensic information sources during the
investigation of war crimes: gaps in the
regulation of the collection and use of digital
evidence; lack of technical resources and
personnel to work with certain data sources;
imperfect information exchange between
national law enforcement agencies and
international institutions, etc. The above provides
grounds for determining directions for improving
the processing of forensic information sources
(see Figure 6).
Operatives, investigators,
experts
ICC Prosecutor’s Office
Representatives of international
institutions
Subjects working with forensic information sources
Eurojust
National and joint investigative teams (with
the participation of the representatives of EU
member states)
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Figure 6. Directions for improving the processing of forensic information sources.
Source: (developed by authors)
Discussion
The approaches to the concept of war crimes
were summarized, the appropriateness of their
international legal criminalization was
emphasized in the course of the study. The
relationship between war crimes committed
during hostilities and the sources of forensic
information about them is shown. Emphasis is
placed on the need to process modern and
traditional data sources. The data sources are
selected taking into account the possibilities of
their processing in the context of an armed
conflict and under the condition of technical and
forensic support. The inappropriateness of
specialized methods of investigating war crimes
is substantiated taking into account their specific
characteristics. It is shown that international
institutions participating in the investigation of
war crimes should also be considered subjects of
work with forensic information sources. The
importance of the exchange of evidentiary
forensic information, including the use of
European data exchange platforms, was
emphasized. The main directions for improving
the work with forensic information sources are
outlined, which should contribute to the
standardization of the investigation of war crimes
in the context of the armed conflict.
In view of the obtained results, we share the
position regarding the appropriateness of the
discussion about the understanding of war crimes
(Caianiello, 2022; Ghosh, 2022). However, we
do not agree with the reasoning about the
untimeliness of prosecuting war criminals during
hostilities (Eichensehr, 2022). The approach to
abandoning international criminalization is also
controversial (Hathaway et al., 2019). We
consider that this will not contribute to the
unification of the regulation and the development
of algorithms for the investigation of war crimes.
We justify the correlation of the features of war
crimes and the specifics of forensic information.
The position regarding the dominance of open
sources of information (Nizamani et al., 2019;
Blahuta & Movchan, 2020) can be supported.
However, we emphasize that victims and
witnesses are an equally popular source of data.
This is confirmed by analytical reports and
standardized practice guidelines (Institute for
International Criminal Investigations, 2022;
Human Rights Center, 2022). Along with this,
such evidence is relevant for proving harm
caused to crime victims (Schmitt, 2022), as well
as to infrastructure and the environment. In
general, one should agree with the promising
nature of digital information (Meng et al., 2020).
However, we showed the effectiveness of
combining work with the latest (Freeman, 2021)
and traditional (Morgan & Levin, 2019; Cioffi &
Cecannecchia, 2023) sources of information
during the investigation of war crimes using the
experience of Ukraine as an example. We point
out the impracticality of developing specialized
methods of investigating war crimes taking into
account their specifics (Dufeniuk, 2022), as the
grounds for classifying such crimes actually
describe one act in different contexts.
We agree with the considerations regarding the
range of subjects in responding to war crimes
(Mayans-Hermida & Hola, 2020; Colvin &
Orchard, 2022). However, we draw attention to
the subject composition, which includes national,
foreign, and international institutions. This
vision urges the issue of different data exchange
formats (Moussa, 2021), while supporting the
appropriateness of using European platforms
(Caianiello, 2022).
As for the improvement of the work with the
forensic information sources, we support the
position about realistic and attainable proposals
(Weyermann et al., 2023). That is why we share
Improvement of
criminal procedural
legislation
regarding work
with digital sources
Directions for improving work with information sources
Establishing the
information
exchange; using
the capabilities of
international
human rights
institutions
Improving the
qualifications of
law enforcement
officers and judges
in working with
digital sources
Improvement of
technical and
forensic support
for work with
sources
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those proposals that do not require long-term
implementation as priority, for example,
regarding thorough training of national judges,
investigators and prosecutors regarding the
investigation of war crimes (Aksamitowska,
2021). However, we share the possibility of
standardizing this investigation (Dufeniuk,
2022). At the same time, we emphasize the
necessity of improving the procedural
legislation. This will provide opportunities to
technically and infrastructurally meet the needs
of law enforcement activities, including data
exchange platforms. Moreover, we emphasize
the need to ensure the security of the received
information.
Limitations
Studying the sources of forensic information in
the investigation of war crimes is limited by the
specifics of these acts and the conditions of
armed conflicts. A limiting factor is the growth
of varieties of open sources of information, the
processing of which requires the development of
special algorithms and platforms for data
exchange.
Recommendations
regarding the improvement of law enforcement
activities - algorithmization of the processing of
forensic information sources as a component of
the standards of investigation of war crimes;
regarding the legal support of the investigation –
regulation of work with the latest sources of
information, as well as interaction between
national and international law enforcement
agencies, including data exchange;
regarding prospective studies – modernization of
the approach to the understanding of war crimes
and the standards of their investigation in the
context of an armed conflict and after it.
Conclusions
The academic novelty of the study is a critical
consideration of the work with forensic
information sources during the investigation of
war crimes in the context of: discussions about
the definition of war crimes; specifics of data
sources in the context of the armed conflict;
features of cooperation between national and
foreign law enforcement agencies and
international institutions.
The approaches to the definition of war crimes
are summarized, the strengthening of the links
between war crimes and transnational acts in the
context of the armed conflict is emphasized. The
classification of forensic information sources is
presented, the importance of the legal status of
data for their use in the investigation process is
emphasized. The correlation between war crimes
committed in wartime and forensic information
sources is proven. The comprehensive
processing of modern and traditional data
sources is emphasized, the dependence of work
with sources on its technical and forensic support
is shown. The circle of subjects working with
forensic information sources is determined. The
importance of the exchange of evidentiary
forensic information between national and
international institutions is emphasized. The
promising nature of using European data
exchange platforms is emphasized.
The directions for improving the work with the
forensic information sources during the
investigation of war crimes are outlined. Special
emphasis is placed on: the regulatory and
technical forensic support for the processing of
forensic information sources in the context of the
armed conflict; increasing the efficiency of data
exchange between national and international
institutions; strengthened specialized
professional training of national law enforcement
and judicial bodies. The appropriateness of
standardizing the investigation of war crimes in
the context of the armed conflict is argued, which
will contribute to strengthening the protection of
human rights in the field of criminal justice.
The applied significance of the study is the
following recommendations: intensification of
training of national employees of law
enforcement agencies in working with data
sources, which in practice means the inclusion of
materials containing theoretical and
methodological aspects of such work, as well as
the formation of relevant practical skills, in the
training and retraining programs of employees;
improvement of procedural legislation in terms
of work with the latest sources of forensic
information and data exchange, which consists in
defining clear processes, norms and restrictions
regarding work with the latest sources of
information; development of standards for the
investigation of war crimes in the context of the
armed conflict and after it, which may include the
development of standards for each of the stages
of such an investigation, possible investigation
methods, etc.
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