Implementation and Interpretation of The Definitions of International Crimes in The National Jurisdiction of Ukraine

The article consists of two parts, the first of which discusses the problems associ ated with implementing the provisions of international law in the Ukrainian legal system regarding the understanding of the concept of “international crimes”. It underscores that the different definitions are due to the fact that Ukraine is not a party to the Rome Statute. However, it should be noted that most provisions of international law regarding interna tional crimes regarding war crimes, the crime of aggression and the crime of genocide are part of the Ukrainian legal system. At the same time, there are no crimes against human ity in Ukrainian national criminal law. The second part addresses the issues regarding Ukrainian courts’ interpretation of the national criminal law and international treaties on international crimes: interpreting the provisions of United Nations acts and the Rome Statute, applying the principle of “nullum crimen sine lege”in the context of prosecuting the crime of Holodomor, interpreting the provisions of the European Convention on Human Rights in connection with the use of trial in absentia in the case of Russian war criminals and interpreting provisions regarding universal jurisdiction in Ukrainian law.

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Publication Details

Journal
Polish Yearbook of International Law
Published
2024-11-28
DOI
https://doi.org/10.24425/pyil.2024.152307
Primary Topic
War, Law, and Justice
Type
article
Field-Weighted Citation Impact
0.00
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article

Implementation and Interpretation of The Definitions of International Crimes in The National Jurisdiction of Ukraine

Andriy Kosyło, Anastasiia Dmytriv
Polish Yearbook of International Law
War, Law, and Justice
article

Implementation and Interpretation of The Definitions of International Crimes in The National Jurisdiction of Ukraine

Andriy Kosyło, Anastasiia Dmytriv
article en

Abstract

The article consists of two parts, the first of which discusses the problems associ ated with implementing the provisions of international law in the Ukrainian legal system regarding the understanding of the concept of “international crimes”. It underscores that the different definitions are due to the fact that Ukraine is not a party to the Rome Statute. However, it should be noted that most provisions of international law regarding interna tional crimes regarding war crimes, the crime of aggression and the crime of genocide are part of the Ukrainian legal system. At the same time, there are no crimes against human ity in Ukrainian national criminal law. The second part addresses the issues regarding Ukrainian courts’ interpretation of the national criminal law and international treaties on international crimes: interpreting the provisions of United Nations acts and the Rome Statute, applying the principle of “nullum crimen sine lege”in the context of prosecuting the crime of Holodomor, interpreting the provisions of the European Convention on Human Rights in connection with the use of trial in absentia in the case of Russian war criminals and interpreting provisions regarding universal jurisdiction in Ukrainian law.

Polish Yearbook of International Law
University of Warsaw (PL)
Peace, Justice and strong institutions
Openalex Percentile: Top 65%
War, Law, and Justice
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Implementation and Interpretation of The Definitions of International Crimes in The National Jurisdiction of Ukraine — Andriy Kosyło, Anastasiia Dmytriv · Polish Yearbook of International Law (2024) | TGRS Research Map | TGRS