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Проблеми використання інформації з відкритих джерел під час розслідування злочинів в рамках міжнародного збройного конфлікту

Year: 2025
Type: article
Abstract: This article examines pressing issues related to the use of open-source intelligence (OSINT) in the investigation of crimes committed in the context of an international armed conflict, with a particular focus on the full-scale invasion of Ukraine by the Russian Federation beginning on February 24, 2022. The study emphasizes the unprecedented challenges faced by Ukraine’s law enforcement system, which was forced to adapt rapidly to new types of criminal offenses, such as war crimes, often under dangerous and psychologically taxing conditions. The research highlights how the complexity and geographical scale of the conflict have made access to physical crime scenes difficult or impossible in many cases. Consequently, investigators increasingly rely on open-source information, including satellite images, video footage, social media content, and digital communications. These sources are critically important for documenting events, identifying perpetrators, and verifying the authenticity of incidents. The study outlines the limitations of the current legal framework in Ukraine regarding the admissibility and handling of digital and open-source evidence, emphasizing the lack of a clear definition for “electronic evidence” in national criminal procedure legislation. Special attention is given to international standards, such as the Berkeley Protocol on Digital Open Source Investigations, developed by the University of California, Berkeley Human Rights Center and the Office of the United Nations High Commissioner for Human Rights. These guidelines propose ethical and methodological principles for collecting, verifying, preserving, and presenting open-source information in a manner consistent with international human rights and criminal procedure standards. The article references successful implementation examples, particularly the MH17 case, where evidence collected by the Bellingcat investigative team played a key role in initiating legal proceedings against members of the Russian military. Furthermore, the study identifies a legal gap concerning the procedural status of OSINT specialists in Ukrainian criminal investigations. Although their expertise is indispensable in collecting and analyzing open-source data, the current Criminal Procedure Code does not recognize the opinion of a “specialist” as a formal source of evidence – only expert opinions are formally included in the list. The article argues for legislative reforms to elevate the procedural role of OSINT practitioners and to equate or integrate their functions with those of certified experts. The scientific contribution of the study lies in its interdisciplinary approach, bridging the fields of criminal procedure, international humanitarian law, digital forensics, and intelligence studies. The author underscores the need for comprehensive training programs, methodological guides, and legal instruments to equip investigators and prosecutors with the skills necessary for working effectively with open-source data. In addition, the paper advocates for legal and institutional adjustments that would allow Ukrainian authorities to make full use of OSINT as a reliable and lawful source of evidence in both national and international legal contexts. In conclusion, the author asserts that OSINT has proven to be an essential investigative tool, not merely as a temporary solution during wartime conditions, but as a forward-looking strategy for criminal justice. When applied rigorously and ethically, open-source intelligence significantly enhances the capacity to identify perpetrators, build robust cases, and pursue accountability for war crimes, even in the absence of immediate access to crime scenes. The practical relevance of this research lies in its proposed roadmap for integrating OSINT into Ukraine’s legal and institutional structures, thereby strengthening its role in achieving justice during and after armed conflict.
Language: English
Open Access status: green
OpenAlex ID: W7072536642
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