Issue: № 11, 2024
Doi: https://doi.org/10.37634/efp.2024.11.18
The paper examines the system of non-governmental organizations (NGOs) documenting war crimes in the context of Russia's armed aggression against Ukraine. The research analyzes the unprecedented consolidation of Ukrainian civil society in documenting international crimes committed since 2014, particularly focusing on the period after February 24, 2022. The study reveals the classification of NGOs involved in documentation activities, including international human rights organizations, specialized NGOs focusing on specific documentation methodologies, and organizations specializing in particular types of international law violations. The paper identifies the advantages of NGO documentation activities, including flexibility in resource allocation, freedom from procedural constraints, higher public trust, rapid information exchange, and liberty in choosing ways to utilize collected information. The research outlines various forms of documentation used by NGOs: interviewing individuals, examining crime scenes, photo and video recording, collecting physical evidence and digital information, Internet-based investigations, documenting injuries, and self-documentation by witnesses or victims. The study analyzes the risks and challenges in NGO documentation activities, including fragmentation of approaches, non-compliance with basic documentation principles, untimely information sharing, and security concerns. Special attention is paid to the procedural aspects of using NGO-collected information as evidence in criminal proceedings. The paper examines the recent developments in the framework for cooperation between NGOs and law enforcement agencies, particularly focusing on the Memorandum of Understanding signed by the Office of the Prosecutor General. The research concludes by proposing the development of standard operating procedures for information exchange and recommending the adoption of a comprehensive strategy for cooperation between investigative bodies and civil society institutions in investigating international crimes.
Keywords : war crimes, international crimes, non-governmental organizations, documentation of crimes, criminal proceedings, evidence
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