
Prosecutorial oversight of the rule of law during the investigation of war crimes
Author(s) -
O.V. Ilchenko,
A.O. Taranchenko
Publication year - 2020
Publication title -
pravovì gorizonti
Language(s) - English
Resource type - Journals
ISSN - 2519-2353
DOI - 10.21272/legalhorizons.2020.i24.p97
Subject(s) - annexation , law , principle of legality , political science , context (archaeology) , geneva conventions , politics , international humanitarian law , international law , geography , archaeology
The article is devoted to the activities of the prosecutor's office in the military sphere. The historical aspects of the formation of the prosecutor's office were noted in the work. The issue of reorganization of the prosecutor's office in relation to its activities in the military sphere, which is reflected in the liquidation of military prosecutor's offices, was also studied and covered. The Prosecutor's Office of Ukraine is the only centralized system entrusted with the performance of functions aimed at ensuring legality. The procedure for performing these functions must clearly comply with the law and the basic principles of the prosecutor's office. The role of the prosecutor's office is extremely important, because it is an effective tool for strengthening the rule of law, which determined the development of the rule of law. The activities of the prosecutor's office in the military sphere are extremely important, especially given the difficult political situation in Ukraine. In the context of armed conflict, the number of war crimes, which have always been investigated by military prosecutors, is growing significantly. All security and defense reforms must take into account the situation in Ukraine, in particular, taking into account the existing military threats from Russia. Occupation of Luhansk and Donetsk regions, annexation of Crimea, armed aggression of the Russian Federation, sabotage and reconnaissance activities, accumulation of military formations near the border of Ukraine - all these are urgent threats to the defense and national security of Ukraine. A number of arguments were presented that prove the inexpediency of such a reorganization. The international experience on the example of the leading countries of the world, such as the USA, Israel, Great Britain is researched and analyzed. Based on this analysis, the importance of the existence of a specialized body responsible for overseeing the rule of law in military formations and the investigation of crimes in the military sphere was proved. It has been proven that war crimes should be investigated by specialized bodies with experienced and qualified personnel, as the offenses committed by servicemen are specific and require a specific approach to their investigation.