COLLECTION AND VERIFICATION OF EVIDENCE IN PROCEEDINGS ON WAR CRIMES: THEORETICAL AND PRACTICAL ASPECTS

Abstract

The article is devoted to an in-depth study of the legal issues surrounding the collection and verification of evidence in the context of holding individuals criminally responsible for war crimes. The
research focuses on the development of Ukraine’s
national legislation since 2014, under the impact of
the Russian Federation’s armed aggression, and
examines international legal standards and practical
approaches from specific countries — Israel, Iraq,
Afghanistan, and Germany. Based on the analysis of
the Criminal Code of Ukraine, the Criminal
Procedure Code of Ukraine, the Rome Statute of the
International Criminal Court, the Geneva
Conventions, national criminal codes of foreign states,
and the case law of the European Court of Human
Rights, the article identifies the key challenges facing
law enforcement in documenting war crimes.
Particular attention is paid to the procedural aspects
of collecting digital, documentary, and victim
testimony evidence, as well as the authentication
process necessary for judicial proceedings.
The study highlights the problems associated
with the loss of evidence due to the destruction of
crime scenes, witness intimidation, limited access to
conflict zones, and the inadequacy of international
cooperation mechanisms. The admissibility standards
for evidence, both in international and national
judicial practices, are systematically analyzed,
especially in the context of the prohibition against the
use of evidence obtained in violation of human rights.
The experience of conducting investigations in postconflict
regions is examined. Specific
recommendations for improving Ukrainian legislation
are proposed: detailing the elements of war crimes
within the Criminal Code, establishing specialized
units for evidence collection, improving procedural
rules on handling digital evidence, and
institutionalizing international cooperation in
criminal proceedings concerning war crimes. The
practical proposals aim to enhance the effectiveness
of documenting war crimes and to ensure fair trials in compliance with international justice standards.

Keywords: war crimes, evidence collection, verification, criminal responsibility, international law, Ukraine, ECtHR, international experience, procedural safeguards, law of evidence.