War crimes in the Criminal Code of the Russian Federation: theoretical approaches to classification and its reflection in criminal legislation

Abstract Introduction: the article considers the classification of war crimes including theoretical approach, international legal enshrinement and criminal law provisions, presents recommendations for amending and supplementing the provisions of the Criminal Code of the Russian Federation involving elements of war crimes basing on the examination of the classification of war crimes. Materials and Methods: the author used theories of Russian scientists, Statute of the International Criminal Court and other international documents as well as the Criminal Code of the Russian Federation as study materials, the methods of analysis and comparison to shape author’s position, for future reference. Literature review: the author used works of E.N. Trikoz, S.A. Lobanov, I.Yu. Belyi and other researchers studying war crimes. Results: the author suggests the final classification of war crimes basing on which elements of war crimes defined and introduced amendments to Chapter 34 of the Criminal Code of the Russian Federation. Discussion and Conclusions: the analysis made it possible to identify the advantages and disadvantages of the theoretical classifications of various scientists, as well as the types of war crimes enshrined in international documents and national legislation. In conclusion, the author’s development of a theoretical approach to the formation of a classification of war crimes, which must be applied to consolidate specific elements of war crimes in the Criminal Code of the Russian Federation, is presented. Its application is aimed at resolving various practical issues that arise when qualifying acts under national criminal law at the present time.