ISSN 2410-3594
e-ISSN 2786-7382
UDC 34; 159.9
Scientific Journal of the National Academy of Internal Affairs
- forensic activity; investigation of crimes; differentiation; evidence process; violations of the laws and customs of war; characteristics; international justice
- https://doi.org/10.63341/naia-herald/3.2025.87
- Pages 87-97
The relevance of the study was determined by the need to improve the forensic systematisation of war crimes in view of the current challenges and scale of criminal activity during the armed conflict in Ukraine, as well as the problems of investigating them in conditions of aggression. The aim of the study was to substantiate the expediency of distinguishing between war crimes according to criminal law and forensic criteria, as well as to form the basis for their criminalistic classification, taking into account the criminal law and criminalistic aspects of the acts under investigation. The methodological tools of the study included a set of methods, among which were formal-legal, comparative-legal, inductive, comparative, forecasting and forensic analysis methods to substantiate conclusions and provide recommendations on the subject of the study. The results of the study consisted in substantiating the criminal classification of war crimes as a necessary component (element) of the criminalistic methodology for investigating criminal offences. The classification criteria for differentiating war crimes by type of armed conflict, territorial factor of commission, methods of criminal activity, nature and scale of socially dangerous consequences, features of the subjective composition of the offence, as well as motivational and target-oriented guidelines for the behaviour of the perpetrators are substantiated. The importance of aggravating circumstances was highlighted, which, despite the absence of direct confirmation in the disposition of Article 438 of the Criminal Code of Ukraine, are of key importance for identifying the degree of individual responsibility. This refers to cases of the formation and implementation of criminal intent through the issuance of orders, the development of plans or strategies for committing war crimes, initiated at the highest level of the military and political leadership of the aggressor state. Emphasis is placed on the advisability of amendments and additions to Article 438 of the Criminal Code of Ukraine with the expansion of the list of aggravating circumstances, in particular if war crimes are committed against children or have negative consequences for the gene pool of the nation. The scientific novelty and practical significance of the results obtained lies in the formation of effective mechanisms for investigating war crimes through the analysis of criminal law, criminal procedure and criminalistic aspects of investigating violations of the laws and customs of war, as well as during the improvement of criminal legislation at both the national and international levels
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