Ensuring the authenticity of digital evidence of war crimes: forensic mechanisms to counteract counter forensics

It is stated that Russia’s large-scale aggression against Ukraine, which began in 2022, has caused an unprecedented number of war crimes. Thousands of video testimonies, photographs, audio recordings and other documentary evidence of potential violations of international humanitarian law are accumulating daily. The article provides a comprehensive study of the issues of ensuring the authenticity of digital evidence in the context of documenting and investigating war crimes committed during the period of the armed aggression of the Russian Federation against Ukraine. The author focuses on the current threat of the use of counter forensics technologies - deliberate actions aimed at falsifying, manipulating or destroying digital traces in order to obstruct justice. The key categories of digital evidence used in cases of crimes against humanity, genocide, war crimes and crimes of aggression are identified, as well as their procedural significance in accordance with international standards of evidence. Special attention is paid to forensic mechanisms for detecting and neutralizing counter-forensic influences, including the use of digital attribution methods, metadata analysis, establishing a chain of custody, and using specialized software for forensic examination. The regulatory and methodological principles of forensic examination of digital evidence in Ukraine are highlighted, taking into account its role in national and international jurisdiction. Based on an analysis of the practice of the International Criminal Court, the National War Crimes Documentation Center, the EyeWitness to Atrocities platform, and other institutions, a model of comprehensive expert support for the investigation process is proposed, taking into account the challenges associated with war. The article substantiates the need to develop specialized methods of digital forensic examination focused on establishing the authenticity, integrity, and admissibility of digital materials in judicial proceedings. The importance of interdepartmental coordination, improving the skills of experts, developing the technical capacity of forensic institutions, as well as the formation of a unified system for countering information and analytical influences that have signs of counter-forensics is emphasized.