COMPREHENSIVE USE OF FORENSIC EXAMINATION RESULTS IN DETECTING, DOCUMENTING AND SOLVING CRIMINAL OFFENCES COMMITTED DURING THE ARMED CONFLICT

Abstract

In the current context of armed aggression against Ukraine, the effective detection, documentation and disclosure of criminal offences committed during the military conflict is of particular importance. The growing number of deaths, including both military and civilians, necessitates high-quality forensic examinations as one of the key tools of criminal proceedings. This research paper addresses the issue of the integrated use of forensic medical examination results in the investigation of criminal offences, including premeditated murder, torture, rape, mass executions and other violations of international humanitarian law that fall under the category of war crimes.In the context of armed conflict, forensic medical examination performs not only the traditional function of establishing the cause of death, mechanisms of bodily injury or time of death, but also actively participates in the formation of the evidence base that is important for the legal qualification of the actions of perpetrators and bringing them to justice at the national or international level.Of particular importance is the cooperation of forensic experts with law enforcement officials, prosecutors, military officers and experts in international humanitarian law, which allows for a comprehensive, complete and impartial investigation.The article analyses the practice of body identification in cases of mass graves, when there is a need to use DNA examination methods, anthropological and forensic dentistry research, as well as methods of reconstructing events based on bodily injuries. Particular attention is paid to the problems that arise when conducting examinations in the field, in particular in conditions of limited access to the sites of events, lack of equipment, shortage of specialists and risks to the lives of experts.International standards are also considered, in particular the UN Guidelines on the Exhumation and Identification of Bodies, the Istanbul Protocol, the Protocol of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine on the Procedure for Forensic Examination of Bodies in Connection with War Crimes. It is noted that compliance with these standards is critical to ensuring the legitimacy and admissibility of examination results in international courts, such as the International Criminal Court.The article also emphasises the need for an interdisciplinary approach to recording crimes: it is important not only to record the actual circumstances of death or violence, but also the context of their commission, which is important for the recognition of a particular act as a war crime, crime against humanity or genocide. The potential of forensic data for analysing the systematic nature, recurrence and planning of violent acts against civilians, which is important for establishing command responsibility, is determined.The author concludes that the comprehensive use of forensic medical examination results in the context of armed conflict is a prerequisite for a high-quality pre-trial investigation, effective documentation of crimes and implementation of the principle of inevitability of punishment.The development of a unified interagency strategy, provision of an adequate technical base, training of experts and standardisation of procedures should form the basis for an effective response to crimes committed in the context of war.