CURRENT STATUS OF INVESTIGATIONS INTO WAR CRIMES AGAINST THE CIVILIAN POPULATION IN UKRAINE

Abstract

The article analyses the current status of investigations into war crimes committed against the civilian population of Ukraine amid the ongoing armed aggression by the Russian Federation. It examines the legal framework for criminal proceedings, the organisational and legal aspects of the activities of national and international bodies, and the main challenges facing the justice system.

It analyses the main factors that complicate the effective conduct of pre-trial investigations, including: limited access to crime scenes in temporarily occupied territories, the scale of criminal offences, difficulties in identifying those involved in their commission, as well as the overload of the judicial system and the insufficient level of protection for witnesses and victims. It is noted that a significant part of the evidence base is formed in conditions of military action, which creates risks of its loss or distortion.

Special attention is paid to the technological aspects of the investigation, in particular the use of digital platforms, satellite imagery, artificial intelligence and big data analytics to identify, verify and preserve evidence of war crimes. The growing role of international cooperation, Ukraine's participation in joint investigation teams and cooperation with the International Criminal Court are highlighted. The paper substantiates the need to legislate the status of the National Centre for the Investigation of War Crimes, establish a special tribunal for the crime of aggression, improve procedures for the exchange of evidence with international partners, and introduce a comprehensive victim protection system.

It concludes that further digitisation of processes, strengthening of human resources and institutional integration of the national system with international structures are key conditions for improving the effectiveness of investigations and ensuring the principle of inevitability of punishment for the most serious violations of international humanitarian law.

Particular attention is paid to Ukraine's cooperation with the International Criminal Court and the issue of documenting crimes in temporarily occupied territories.