THE SYSTEM, SPECIFICITY AND CONTENT OF MEASURES RELATING

TO THE ORGANIZATION OF WAR CRIMES INVESTIGATIONS

University Lecturer Ph.D Vitalie JITARIUC

Dean Faculty of Law and Public Administration,
"Bogdan-Petricescu Hasdeu" Cahul State University, Republic of Moldova
vjitariuc@gmail.com

ABSTRACT: It is well known that war suddenly disrupts the legal order and suspends, within the
limits of its action, the proper application of the rules of law. The rules that are developed and operate in
times of peace are, largely, ineffective in times of armed conflict, and the rules adopted in times of war are
nullified when peace is restored. This situation largely affects the investigation and detection of crime. The
investigation of war crimes requires the maximum concentration of professional efforts and capacities,
appropriate qualifications and experience in this field, as well as knowledge of the organization of law
enforcement, its planning, the operational implementation of special investigative measures and
prosecutorial actions. The implementation of organizational measures in this area will contribute to the
efficiency of the war crimes investigation process and the collection of evidence of war crimes committed by
the belligerent parties to the armed conflict.
This study focuses on the system, specifics and content of measures for the organization of war crimes
investigations, which are in fact an important component of qualitative investigations, their detection and the
punishment of war criminals.
KEYWORDS: war crimes, armed conflict, belligerent parties, prosecuting body, organization of
investigation, prosecution actions, special investigative measures, specialist, forensic expertise, exhumation,
forensic tactics, forensic methodology, state official, international collaboration, forms of organization,
working group, interaction.

1. GENERAL CONSIDERATIONS studied in various aspects by several authors

REGARDING ORGANIZING
CRIMINAL INVESTIGATIONS
Organization, as an activity, represents a
series of intellectual, moral and physical
decisions and actions taken to achieve a
certain result, the systematic use of one's own
forces in a certain field, active and conscious
participation in something, work, occupation.
It means both the organization of work,
regulation, systematization of forces and
means, and the process of establishing legal
truth in essence [1, p. 335].
Literature considers the organization of
criminal investigation as a part of forensic
science, which includes the following
traditional measures carried out in a concrete
criminal case: planning the work of the
criminal investigation officer, conducting
with the prosecution team and investigative
officers, selecting normative material and
other measures carried out in criminal cases.
The problems of organizing the
investigation of criminal offences have been
in the field of forensic science. Still in the
1970s of the last century, the author A. Larin
proposed a general definition of criminal
investigation planning, describing it as: "the
rational selection, orientation and use of the
forces and means available to the law
enforcement body, the creation and use of
optimal conditions for achieving the goals of
the criminal case" [2, p. 59].
Authors V. Konovalova and A. Kavalieris,
by the activity of organizing the investigation
of criminal offences they understood, for the
most part, the scientific-organizational work
of the criminal investigation officer [3, p. 340;
4, p. 21]. The following authors, L. Cârjan
and M. Chiper, argue that the organization
and planning of criminal prosecution is a
fundamental tactical method, which gives a
scientific character to the activity of
discovering and investigating crimes. In their
opinion, it starts at the preliminary acts stage,
from the verification of initial data and the
elaboration of first versions, to the final

341 FORENSIC SCIENCE NO. 4-2023 (136), DECEMBER 2023, VOL. XXIV
documentation of the circumstances in which
the crime was committed [5, p. 304].
Researcher A. Mihailov includes in the
notion of "organization of crime
investigation" the entire structure of
prosecution subdivisions, the whole complex
of rights and obligations of the prosecution
officer and other persons participating in the
prosecution activity, the material provision of
the prosecution officer's activity and the
organization of his activity [6, p. 8-9].
According to Professor M. Gheorghiță,
the organization of the investigation of the
criminal case presents the rational activity of
the prosecution officer, which includes a
complex set (system) of decisions
(judgments) and actions aimed at establishing
the unlawful event, identifying the person of
the offender, establishing his guilt and other
circumstances that are important for the
resolution of the tasks of the criminal process
[1, p. 336].
However, the most successful seems to us
the opinion of the author R. Belkin, who
stated that "the problems concerning the
organization of crime investigation should be
found in all the branches of forensic science,
constituting a component part of them,
without being highlighted and separated as a
separate institution or theory" [7, p. 455].
Indeed, at the level of forensic tactics and
methodology, the organization of the
investigation of criminal acts is a component
of them. At the same time, the organization of
crime investigation comprises traditional
measures, carried out in criminal cases,
directed towards creating optimal conditions
for identifying and applying the most
effective forensic recommendations in
specific situations, in order to achieve
maximum results with minimum expenditure
of time, forces and means [8, p. 82-85].
The whole organization of the criminal
prosecution is perceived in a dynamic sense,
not in a fixist one, as the plan has to be
constantly correlated with the data obtained
during the investigation, going from the
general to the particular [9, p. 364]. The
author S. Doraș argues that the organization
of criminal prosecution must be perceived in a
hierarchical manner. On the upper scale is the
effective distribution of the powers of the
FORENSIC SCIENCE NO. 4-2023 (136), DECEMBER 2023, VOL. XXIV
state bodies in charge of fighting crimes in
accordance with the legislation in force, the
combination of the possibilities they have in
the process of discovery and investigation of
criminal acts, ensuring the widespread use of
the achievements of modern science and
technology, including that concerning the
organization of work, in the activity of
evidence management. On the next scale, we
can speak of the organization of a concrete act
of investigation, or rather, of the organization
of the investigation of a concrete crime, which
is expressed in the prosecution plan drawn up
for this purpose in accordance with the
recommendations of forensic methodology,
with regard to the investigation of the
respective category of crimes [10, p. 282-
283].
2. PECULIARITIES OF WAR CRIMES
INVESTIGATION
As the author S. Malikov rightly points
out, in the process of investigating crimes in
areas of armed conflict we sometimes have to
undertake other, specific organizational
measures that go beyond the framework of
simple criminal cases [8, p. 201]. However,
this also applies to the investigation of war
crimes committed by the belligerent parties to
an armed conflict.
Thus, a distinctive feature of the
investigation of war crimes committed by the
parties to the armed conflict is that the
belligerent parties are always convinced that
the criminal justice organs, the International
Criminal Court, will only investigate crimes
committed by the other party to the armed
conflict. Otherwise, passive or active
resistance to the investigation of war crimes
will be resorted to. Thus, as a result of certain
efforts, we will face various barriers in the
investigation of criminal cases and the
gathering of evidence of war crimes,
concealment of the traces of crimes, etc.,
committed by the belligerent parties in an
armed conflict.
It is obvious that the politico-military
leadership of states has many opportunities to
conceal evidence, eliminate witnesses, etc.
Such behaviour is specific, and is explained
by the fact that exposing the commission of
342
war crimes can tarnish the image of the state
in the International Criminal Court, forcing it
to pay war reparations.
Thus, if the representatives of the
political-military leadership of the state do not
want the prosecution bodies to come into
possession of evidence, archival documents,
which shed a ray of light on the internal
mechanism of war crimes in this state, which
speak about the involvement of politicians,
military, then they will simply block by all
possible means access to factual materials and
data, creating various impediments in this
regard [11, p. 330-331].
Likewise, if it is not desired that the
criminal investigation bodies to search, pick
up and investigate the bodies of crime, burial
sites, identify and interview key witnesses,
indictees, wanted persons, individuals under
the jurisdiction of a state, etc., the state's
decision-makers may, by threat, blackmail or
other means (such as restricting access to
witnesses), prevent proper investigation in
war crimes cases.
In this way, the success of war crimes
investigations depends on political conditions,
cooperation between states, the interests of
politicians, state leaders, the ”mercy of the
winner” and many other factors.
In the process of organizing the
investigation and collection of evidence
relating to war crimes, in the event of certain
difficulties in accessing evidence located on
the territory of the belligerent states, a wide
range of "technical-operational" issues need
to be resolved in order for criminal justice
bodies to be able to carry out investigations
(access to documents and archival material,
interviewing of witnesses, crime scene
investigation, exhumation of bodies from
mass graves, etc.).
The mechanisms for resolving these
technical and operational issues are primarily
political or, at best, quasi-legal. Moreover, in
places of armed conflict, the factors that can
be used by the prosecution officer in normal
situations - the authority of the law, personal
and work relations, etc. - are largely lost,
which can be expressed, for example, in the
impossibility of involving a particular
specialist in the investigation, the use of the
special technique required to discover and
343 FORENSIC SCIENCE NO. 4-2023 (136), DECEMBER 2023, VOL. XXIV
trace the crime, and the provision of security
when the prosecution team is travelling. All
of this makes the investigation of war crimes
substantially more complicated and
sometimes even impossible.
All these technical-operational aspects,
i.e. organizational measures, go beyond the
framework of the investigation of each
individual criminal case. The entirety of the
theoretical provisions in this area is in itself
the managerial element of the concept of war
crimes investigation. The successful
resolution of these questions generally
determines the success of war crimes
investigation [11, p. 331-332].
3. CONCEPTUAL-ORGANISATIONAL
MEASURES FOR THE
INVESTIGATION OF WAR CRIMES
According to the author S. Malikov,
organizational measures, which are not related
to the investigation of a specific criminal
case, are not included in the content of
forensic methodology [8, p. 82-85]. For the
most part, they are part of managerial activity,
which has been established as a separate
branch of management theory in the field of
law enforcement. Its subject is the
peculiarities of the management process in the
field of crime investigation carried out by the
prosecution units, as well as organizational
aspects of the efficiency of their work in this
segment [12, p. 68-69].
As for the activity of the criminal
investigation officer in a concrete criminal
case, including organizational measures of
methodological level, then this activity is
categorized to forensic methodology.
Respectively, one part of the scientific
provisions related to the organization of the
investigation of war crimes committed by the
parties to the armed conflict, namely the
organization of the investigation of concrete
war crimes, is contained in the content of
forensic methodology, and another
component part, related to the organization of
the working system, is an independent,
managerial element of this concept, which
exists alongside the methodology.
An analysis of the literature and the work
of law enforcement bodies in this field allows
us to highlight several conceptual-
organizational measures that go beyond the
framework of specific criminal cases, as they
relate to managerial work (i.e. the
organization of the investigation and various
organizational aspects) with a potentially
destructive and direct impact on the
investigation of war crimes in conditions of
armed conflict, without the resolution of
which we cannot carry out the appropriate
investigation of the crimes concerned.
The following are categorized under these
measures: a) determination of the forms of
organization of war crimes investigation, the
structure of the competent bodies and the
principles of their activity; b) the order of
establishment of working groups (prosecution
and investigative-operational), including their
technical-material provision; c) investigation
strategy; d) determination of principles of the
information-analytical activity, organization
of control, record-keeping and reporting; e)
organization of investigation and evidence
collection; f) removal of destructive factors
related to qualification of personnel; g)
application, use of specialist knowledge in
field conditions; g) organization of expert
research and the work of forensic expert
institutions; h) ensuring the right to qualified
legal assistance and involvement of other
participants in the criminal process
(interpreters, specialists); i) organization of
interaction and cooperation between states,
between national and international criminal
justice bodies in the process of research and
collection of information with evidentiary
relevance, etc. [11, p. 333].
4. DETERMINATION OF THE FORMS
OF ORGANISATION OF WAR
CRIMES INVESTIGATION, THE
STRUCTURE OF THE COMPETENT
BODIES AND THE PRINCIPLES OF
THEIR ACTIVITY
In order to ensure a comprehensive
approach to the establishment of an effective
system of organizational arrangements for the
investigation of war crimes committed by
FORENSIC SCIENCE NO. 4-2023 (136), DECEMBER 2023, VOL. XXIV
parties to armed conflict, it is necessary to
generalize and study the experience of
investigating this type of crime.
Author A. Vinokurov, for example,
identifies the following factors that can exert
a destructive influence on the investigation of
war crimes [13, p. 194]: a) the mass nature of
the commission of war crimes; b) usually long
periods of time between the commission of
the crime and the discovery of the traces of
the crime; c) the commission of war crimes
by the same persons in the territory of several
administrative-territorial units, which disrupts
the work of collecting, investigating and
securing evidence; d) the need to establish the
role and degree of guilt of each person who
committed war crimes (instigator, organizer,
accomplice, etc.); e) the rapidly changing
operational environment at the sites of
military actions; f) the working experience of
law enforcement officials involved in
identifying war criminals and investigating
war crimes, etc. [11, p. 337].
Researcher S. Malikov identifies 5 forms
of organizing the investigation of crimes in
areas of non-international armed conflict,
namely: 1) application of the usual order of
organizing the investigation of crimes; 2)
involvement of forces and means from central
prosecution and operative-investigative
subdivisions; 3) involvement of forces and
means from local prosecution and operative-
investigative subdivisions; 4) establishment of
new prosecution bodies; 5) establishment of
new prompt-response prosecution
subdivisions.
However, the most widespread practice in
the war crimes prosecution system has been
the "emergency" method of mobilizing all
prosecution forces and resources
simultaneously. At the same time, this method
has several shortcomings, relating both to the
process of setting up the prosecution group
and to its material, technical and financial
provision. Moreover, in this case there are
also difficulties with regard to the degree and
level of training of prosecution officers
deployed to work in armed conflict areas [8,
p. 266].
344
5. THE ORDER OF ESTABLISHMENT
OF WORKING GROUPS
(PROSECUTION AND
INVESTIGATIVE-OPERATIONAL),
THEIR WORK AND THEIR
TECHNICAL AND MATERIAL
PROVISION
Authors S. Malikov and A. Vinokurov
talk about the need for structural
reorganization of military prosecution bodies,
the revision of their principles, as well as the
whole system of investigating crimes in areas
of armed conflict. There is talk of creating a
mobile, permanent, specialized system that
would operate autonomously within an
immediate reaction prosecution subdivision,
designed to investigate crimes in exceptional
situations, including war crimes in areas of
armed conflict. Also, the structure and
organization of this branch would, to the
maximum extent possible, correspond to the
requirements and circumstances that exist in
areas of armed conflict [8, p. 291; 13, p. 194].
In this regard, several opinions and
proposals have been expressed in the
literature. Thus, B. Petelin presents this
system in the form of several possible
combinations of prosecution and operational-
investigative groups within different
structures, arguing for the necessity of
establishing provisional prosecution
subdivisions [12, p. 50].
However, this system cannot be accepted,
since the prosecution and operational-
investigative groups are set up to operate
under normal conditions, and the specialized
prosecution groups, because of their
provisional nature, cannot ensure that all the
problems that arise are resolved. However, in
order to create a proper foundation for the
realization of these possibilities in practice,
the researcher V. Grigoriev advocates the
creation of permanent prompt-response
prosecution subdivisions, subordinate to
central bodies, with a constant contingent of
highly qualified prosecution officers,
experienced in working in exceptional
situations, with appropriate training,
especially in forensics [14, p. 35].
Based on the practice of investigating war
crimes committed by the belligerent parties to
345 FORENSIC SCIENCE NO. 4-2023 (136), DECEMBER 2023, VOL. XXIV
an armed conflict, and in order to streamline
the investigation and collection of evidentiary
information on these crimes, it is proposed to
create specialized operational response
prosecution units with the following structure:
Military War Crimes Investigation Section;
Senior State Officials War Crimes
Investigation Section; Operational
Investigations Section; Section on
Organization of Interaction with International
Criminal Justice Bodies; Technical-Material
Assurance Section; Legal Section [15, p. 32-
47].
In this context, it is important to mention
that interaction can be defined as the
procedural and tactical forensic activity, based
on legislation and normative acts of
departmental and interdepartmental order,
coordinated by the subjects of this activity
according to the tasks formulated, the place
and time of realization. The given activity is
carried out with strict delimitation of the
competences of the respective subjects and
contributes to the correct investigation of
criminal cases, being directed to the fight
against criminality in the near term [16, p.
192].
The interaction of different legal bodies in
the process of war crimes investigation by the
belligerent parties of an armed conflict, as a
social phenomenon, represents a system of
links between the subjects of law enforcement
activity and the bodies empowered to collect
evidence, which find expression in concrete
actions coordinated by them. This
accumulation of actions constitutes the
content of the interaction. Any content is
manifested in certain forms. The
manifestation of content in a particular form
is determined primarily by the influence of
certain external factors. According to M.
Kuznetsov, in relation to the investigation of
criminal acts, as external factors there are
prosecution situations, created at certain
stages of the investigation, which will
determine the selection of the form of
interaction [17, p. 52].
Further, the same author highlights the
following criteria for classifying forms of
interaction:
1) forms of organizing interaction:
drafting and dispatching instructions; issuing
orders and court conclusions; creation of
permanent joint prosecution and
investigative-operational groups; episodic
interaction between law enforcement bodies,
etc.;
2) the forms of carrying out interaction:
the autonomous performance by the subjects
of interaction of coordinated actions
depending on the aim pursued; tactical
operations, tactical combinations, etc. [17, p.
60-61].
6. STRATEGY FOR THE
INVESTIGATION AND
COLLECTION OF EVIDENCE ON
WAR CRIMES
In the process of collecting evidence of
war crimes committed by high officials/
senior state officials, the main effort must be
focused on gathering sufficient evidence that
gives us grounds to indict the persons with the
highest degree of responsibility, who in fact
hold high political and military positions.
At the same time, in order to prove their
guilt, we need to establish the link between
the people directing or carrying out state
policy and war crimes, their development of
criminal strategic plans and their
implementation, using their own powers and
duties. However, in this case we are talking
about the doctrine of "common purpose",
according to which several perpetrators act in
common to achieve a specific goal, including
by committing crimes. This doctrine is an
effective means of prosecuting senior state
officials who have participated in the
commission of offences at a strategic level.
In order to ensure its application in
practice, it is necessary to: a) determine the
priority of bringing to justice those persons
among the representatives of the politico-
military leadership of states suspected of
committing war crimes; b) correctly allocate
prosecutorial and material resources, based on
the importance and "size" of criminal cases
concerning war crimes, as well as on the
official function of the persons among the
representatives of the politico-military
leadership of states who bear responsibility
for committing them.
FORENSIC SCIENCE NO. 4-2023 (136), DECEMBER 2023, VOL. XXIV
In the absence of sufficient time,
possibilities and resources to organize the
simultaneous investigation of a large number
of war crimes cases, each prosecution team
should aim to conduct a rapid and qualitative
prosecution and to collect as much evidence
as possible.
The investigation of the various criminal
cases must also be coordinated, the efficient
exchange of information must be ensured, and
the operational and qualified preparation of
indictments against the organizers and basic
perpetrators of war crimes must be ensured. If
evidence is obtained confirming the guilt of
high-ranking officials who are war criminals,
criminal proceedings should be initiated
against them immediately.
Otherwise, the prosecution's basic efforts
will be concentrated on identifying and
charging (indicting) war criminals in middle
and lower official positions (non-
commissioned officers, guards, police
officers, mid-level commanders, etc.). Under
these conditions, the prosecution bodies will
be engaged in collecting evidence and
testimonies on certain war crimes, in
describing and thoroughly researching the
crime scene, the content of the crime, leaving
without attention the facts related to the
commission of war crimes by political and
military leaders of the belligerent parties of
the armed conflict [11, p. 350-351].
7. DETERMINATION OF PRINCIPLES
OF THE INFORMATION-
ANALYTICAL ACTIVITY,
ORGANISATION OF CONTROL,
RECORD-KEEPING AND
REPORTING
In order to ensure the efficient work of the
prosecution bodies in places of armed
conflict, it is necessary to organize a unified
management of the investigation and evidence
collection, as the subdivisions operating in
different areas may not know the content of
the discovered acts and documents, the
incriminating evidence available to the other
law enforcement bodies, which may hinder
the proper conduct of the war crimes
investigation.
346
 In order to exclude this, we need to
determine the procedure for analyzing the
collected materials, with the involvement of
the analytical service for processing the
materials. Subsequently, the materials,
evidence and documents held by the
prosecution officers are entered into the
electronic databases of the centralized
archives for use during the investigation. This
is followed by an assessment of their
importance and probative value, which is
relevant and important for the preparation of
the prosecution's conclusions [11, p. 351].
8. COOPERATION AND INTERACTION
BETWEEN STATES IN WAR CRIMES
CASES
Various forms of interaction and
coordination of the efforts of criminal justice
bodies can be applied in the process of
organizing war crimes investigation and
evidence collection. The investigation of war
crimes may face certain difficulties in relation
to the collection of evidence outside the
territory of one's own state, in the territory of
the victorious or the defeated state, as well as
in relation to respect for the rights of the
participants in the trial.
A destructive factor is the absence of real
mechanisms, including legal ones, for the
international community to exert political
pressure on states to comply with their
international obligations to cooperate with
war crimes bodies.
The effectiveness of the organization of
the investigation and collection of evidence of
war crimes committed by parties to armed
conflict depends, to a large extent, on the
effectiveness of states cooperation [11, p.
352].
9. THE PERFORMANCE OF JUDICIAL
EXPERTISE AND THE ACTIVITY OF
JUDICIAL EXPERTISE
INSTITUTIONS
The literature discusses the creation of an
international body of forensic experts, the
development of single standards in the field of
international forensic expertise, and a single
system for regulating the procedure for
347 FORENSIC SCIENCE NO. 4-2023 (136), DECEMBER 2023, VOL. XXIV
involving forensic experts in the war crimes
investigation process [13, p. 289-312].
At present, criminal justice bodies
extensively involve forensic specialists from
among persons working in state structures and
non-governmental organizations in the
investigation of mass burial sites, both on a
contractual basis and at the request of
representatives of the prosecution bodies,
which is a reason to doubt the objectivity and
professional competence of the expert groups
and the expert opinions conducted [11, p.
352].
10. REMOVAL OF DESTRUCTIVE
FACTORS LINKED TO THE WORK
OF STAFF
A destructive factor that has a negative
influence on the investigation of war crimes is
the insufficient qualifications of the
representatives of the law enforcement
agencies [18, p. 208-210].
Filling the staff of law enforcement bodies
with employees without sufficient experience
in the investigation of war crimes, their
incorrect perception of the goals, tasks, tactics
and strategy of investigating these crimes can
lead to unjustified waste of forces and time.
Lack of qualified personnel in law
enforcement agencies, as well as the failure of
the vast majority of employees to possess the
necessary skills, knowledge and experience in
investigating complex war crimes cases,
misperception and misjudgement of the
importance of certain facts and phenomena in
the context of armed conflict can lead to a
sudden increase in the burden on other law
enforcement employees, affecting the quality
of investigations.
In the process of investigating war crimes,
people representing different levels of the
civilian and military hierarchy are involved in
the evidentiary process, which determines the
tactics of prosecution. Thus, the incorrect
conduct of hearings of important witnesses -
politicians, diplomats, representatives of
internal security services, etc., lack of
representations and knowledge about the
essence of armed conflicts, subjects and
participants in the military dispute may result
in the loss of information relevant to the
criminal case.
However, the candidates to be found
within the law enforcement bodies are to be
selected on the basis of a specially developed
system of psychological tests and
methodologies, which would ensure the
identification of persons capable, on the basis
of psycho-physiological data, of operating in
areas of armed conflict. They should also
have sufficient experience in criminal
prosecution, good health, stable psyche,
ability to withstand physical and
psychological overload, etc. [8, p. 295].
11. TECHNICAL AND MATERIAL
PROVISION OF WAR CRIMES
INVESTIGATION
The conditions of activity of law
enforcement bodies in areas of armed conflict
give rise to a wide range of problems related
to the technical and material provision of their
work. This aspect also concerns the
normative-legal provision of the work of the
prosecution bodies.
In order to make the investigation of war
crimes more efficient and to raise the level of
quality, it is necessary, first of all, to create a
system of organizational measures to ensure
the investigation of war crimes in areas of
armed conflict.
In the process of organizing the
investigation and collection of evidence on
war crimes and the emergence of certain
difficulties in accessing evidence on the
territory of the victorious state or the
opposing party, a wide range of technical and
operational issues need to be addressed in
order to enable criminal justice bodies to
carry out a proper investigation (access to
documents and archival material; hearing
witnesses, crime scene investigations,
exhuming bodies from mass graves, etc.).
These technical-operational and
organizational issues go beyond the
framework of the investigation of a criminal
FORENSIC SCIENCE NO. 4-2023 (136), DECEMBER 2023, VOL. XXIV
case and are, in fact, a managerial element of
the concept of the investigation of war crimes
committed by parties to the armed conflict
[11, p. 355].
12. CONCLUSIONS
In the process of investigating crimes in
areas of armed conflict we sometimes have to
undertake other, specific organizational
measures that go beyond the framework of
simple criminal cases. The success of war
crimes investigation depends on political
conditions, cooperation between states, the
interests of politicians, state leaders, the
"mercy of the winners" and many other
factors.
One part of the scientific provisions
concerning the organization of the
investigation of war crimes committed by the
parties to the armed conflict, namely the
organization of the investigation of specific
war crimes, is contained in the content of the
forensic methodology, and another part,
concerning the organization of the working
system, is an independent, managerial
element of this concept, which exists
alongside the methodology.
In the process of organizing the
investigation and collection of evidence
relating to war crimes, a wide range of
“technical-operational” issues need to be
addressed in order for criminal justice bodies
to be able to carry out investigations (access
to documents and archive material, hearing
witnesses, crime scene investigation,
exhuming bodies from mass graves, etc.) if
there are any difficulties in gaining access to
evidence located on the territory of the
belligerent states. In our opinion, in order to
make the process of investigating war crimes
committed by the belligerent parties to an
armed conflict more efficient, it is also
necessary to create a separate, independent
system in this regard, which would exist and
operate autonomously in the form of a special
operational-investigative and prosecution
subdivision.
348
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