Tactical Framework for Cooperation Between the Investigator and the Victim During Investigations Into War Crimes

Abstract

The primary concerns of this paper are to reveal peculiarities of tactical and forensic support for the investigation of war crimes in terms of cooperation between the investigator and the victim during investigative (search) and other procedural actions. The author aims to identify principal constituents of such interaction and their significance for enhancing a proof procedure, taking into account victim-centered approach principles. In pursuit of this goal, a range of general scientific (analysis and synthesis, induction and deduction) and special (dialectical, systemic-structural, formal-legal, comparative, generalisation) methods of scientific cognition were employed. It has been substantiated that a collaborative partnership between the investigator and the victim in criminal proceedings involving war crimes is not only a mandatory requirement of criminal procedural activity, but also a crucial element of tactical and forensic support for investigation, which affects the extent to which case circumstances are revealed, evidence credibility, and determines the level of trust in criminal justice authorities. It has been proven that the specific nature of war crimes requires us to dig deeper into physical, psychological and social vulnerability of victims, the complexity of the global scope of investigation and the duration of criminal proceedings. Principal components of tactical and forensic support for cooperation between the investigator and the victim were singled out: tactical planning of procedural actions while considering objective constraints; adequate scientific and technical support with the utilization of digital technologies and video recording; accounting for the psychological component of interaction with the involvement of psychologists; use of tactical techniques based on individualisation and situational nature; ensuring that victims are aware of their procedural rights, further prospects of proceedings and possible risks. It has been stressed that the use of individualised tactical techniques and modern technical means helps lower the likelihood of re-traumatisation in victims, boosts communication and evidence collection. Particular emphasis is placed on the role of psychological support and information transparency as factors contributing to the establishment of stable cooperation between the victim and the prosecution. Obtained findings provide deeper insights into the tactical and forensic principles of investigating war crimes and lay the groundwork for developing practical recommendations to optimise cooperation between investigators and victims, improve investigation methodology, and enhance victim-centered approaches in criminal proceedings.