The use of ECHR practice during the investigation of war crimes

In the article it has been examined the issue of using the practice of the European Court of Human Rights (ECHR) in the process of pre-trial investigations of war crimes. The importance of integrating European legal standards into Ukraine’s national criminal proceedings has been emphasized. Particular attention has been focused on the main problems associated with the recording and documenting of cases of war crimes, which have become especially relevant in the context of armed conflict. Emphasis has been placed on the necessity of strict adherence to the principle of the rule of law during the pre-trial investigation of war crimes, as well as on the importance of utilizing ECHR practices to enhance the effectiveness of investigations and ensure the protection of human rights. A detailed analysis of existing international and European standards that influence the conduct of pre-trial investigations of war crimes has been carried out. The necessity of implementing ECHR decisions to ensure the rights and freedoms of individuals in the context of armed conflict has been substantiated. The importance of creating effective control mechanisms for war crimes investigations to ensure their independence, objectivity, and compliance with legal norms has been emphasized. It has been noted that regular monitoring and evaluation of war crimes investigations should be carried out, as well as mechanisms for filing complaints and protecting the rights of victims should be created. It has been proven that the main requirements of the ECHR for conducting effective investigations of war crimes are: promptness and impartiality; transparency, taking into account the balance of private and public interests in criminal proceedings; the use of the standard of proof “beyond a reasonable doubt”; mandatory establishment of the proportionality of selected means and methods of conducting special operations/military operations to the goals of part 2 of Article 2 of the Convention, taking and adhering to all precautionary measures to preserve the lives of civilians, adherence to international humanitarian law norms when applying force in armed conflicts. It has been underscored that, in general, investigations of war crimes according to ECHR practices should be effective and independent, aimed at ensuring the preservation of evidence. The necessity to improve the professional level of war crimes investigations and to ensure fair justice for the victims of war crimes has been emphasized.