LEGAL FRAMEWORK FOR THE STORAGE AND DISPOSAL OF MISSILE WEAPON DEBRIS

Abstract

Introduction. Over the course of four years of full-scale war, the enemy has launched more than 13,000 missiles at Ukraine. Such attacks on the civilian population, facilities, and infrastructure constitute war crimes, crimes against humanity, or acts of genocide under international law and the Criminal Code of Ukraine. Therefore, in order to hold the aggressor country accountable for war crimes, a body of evidence is being compiled that covers violations of the laws and customs of war, primarily consisting of photographic and video materials, eyewitness accounts, expert reports, and official documents. At the same time, missile debris constitutes physical evidence of war crimes, subject to specific legal requirements regarding its storage and disposal.

Purpose. The purpose of this study is to examine key issues in the legal framework governing the storage and disposal of rocket weapon debris as physical evidence of war crimes committed by the aggressor state.

Materials and methods. The research materials include: 1) Ukrainian laws and regulations governing criminal law, criminal procedure, forensic expertise, and firearms; 2) empirical data consisting of actual facts and research findings obtained through direct experience in the forensic examination of missile debris; 3) scholarly publications devoted to legal and other aspects that shed light on the nature of war crimes. The following primary methods of scientific inquiry were employed in this study: the comparative legal method (to identify differences in the types and varieties of missile weapons); the formal legal method (to clarify the content of legal provisions in normative legal acts); the systemic method—for a comprehensive study of the legal regulation of procedures for the storage and disposal of physical evidence; and the method of documentary analysis—in the course of forensic examinations and studies of missile debris, case law materials, as well as informational and reference materials.

Results. The research article reveals that, under current conditions, missile debris exhibits a combination of cross-sectoral characteristics, none of which are subject to a clear legal framework; it identifies key aspects of the use of missile debris as evidence instruments of military criminal offenses, identified the stages of 3D modeling of a missile based on its debris, and proposed amendments and additions to the current legislation governing relations in the field of storage and disposal of missile debris.

Prospects. Future research should focus on the specific features of forensic assessments of damages suffered by victims as a result of armed aggression, and compare these with analytical, standardized, or independent approaches to damage assessment.