THE IMPACT OF DIGITALIZATION PROCESSES ON THE INVESTIGATION AND PREVENTION OF WAR CRIMES AND GENDER-BASED VIOLENCE

Анотація

The article examines the impact of digitalization processes on the investigation and prevention of war crimes and gender-based violence in Ukraine. Particular attention is paid to the functioning of the Unified Register of Pre-Trial Investigations (URPTI) as a key guarantor mechanism for the protection of human rights within the criminal justice process, determining the moment of initiation of proceedings, jurisdiction, and the scope of procedural rights and obligations of the parties. The study analyzes contemporary digital technologies employed during martial law, including unmanned aerial vehicles, remote photo and video documentation, the use of open-source intelligence (OSINT), and large data sets, which enable the prompt and objective recording of crimes against civilians, cases of sexual and domestic violence, torture, and deportation.

The article highlights issues related to the authenticity of digital evidence, the risks of manipulation, cybersecurity concerns, and the protection of personal data of victims and witnesses, as well as the necessity of ensuring adequate judicial oversight over the entry and verification of data in the URPTI. Special emphasis is placed on the role of digitalization in enhancing the efficiency of criminal prosecution, accelerating the investigation of war crimes, and ensuring uninterrupted access to justice for victims. It is emphasized that digital tools carry not only technical but also strategic significance, reflecting the transparency of law enforcement actions, the accountability of the state, and its ability to maintain a balance between security and individual rights.

The study takes into account the practice of the European Court of Human Rights regarding the proportionality of rights restrictions in emergency situations and Ukraine’s international obligations. The findings underline that digitalization is an important instrument for combating war crimes and gender-based violence, yet it requires the improvement of the legal framework, evidentiary procedures, and mechanisms for protecting the rights of victims under conditions of armed conflict.