Restitution and compensation for damage to victims of war crimes: evidentiary aspects and international responsibility

It is indicated that the full-scale war against Ukraine has exacerbated the problem of ensuring the right of victims of war crimes to restitution and compensation for losses in the context of systemic violations of international humanitarian law. Restoring justice after the end of hostilities should include not only criminal prosecution of the perpetrators, but also guaranteeing full compensation for material and moral damage to the victims. Restitution and compensation for losses are key components of transitional justice, designed to restore violated rights and form the basis for post-conflict reconstruction of society. The article provides a comprehensive analysis of the legal, evidentiary, and institutional mechanisms for the implementation of the right to restitution and compensation for damage suffered by victims of war crimes in the context of the armed aggression against Ukraine. Restitution and compensation are examined as key elements of transitional justice aimed at restoring status quo ante, ensuring justice, and compensating losses incurred by natural and legal persons as a result of violations of international humanitarian law. The study analyzes international legal standards enshrined in the Rome Statute of the International Criminal Court, resolutions of the United Nations General Assembly, and the case law of international tribunals, which recognize the inalienable right of victims to the restoration of property rights, compensation for losses, and reparations for harm caused in the context of armed conflict and the imposition of martial law. Particular attention is paid to the importance of an adequate evidentiary framework as a prerequisite for the effective realization of compensation rights in judicial and extrajudicial proceedings. The article outlines methodologies for documenting destruction through the systematic collection of photo and video materials, recording witness testimonies, and preserving title documents and cadastral data. It examines innovative practices involving digital tools, including OSINT technologies, geospatial analytics, satellite imagery, and blockchain registries, to ensure the authenticity, verification, and long- term preservation of evidence. National and international mechanisms for documenting damage are analyzed, as well as the role of Ukrainian law enforcement agencies in establishing causal links between the actions of the aggressor and the damage inflicted, and in securing the recovery of reparations. The necessity of interagency coordination to enhance the quality of evidence and the effectiveness of victims’ rights protection is substantiated.