CRIMINAL LIABILITY OF COMMANDERS: IMPLEMENTATION OF THE ROMAN STATUTE IN UKRAINIAN LEGISLATION

The article analyzes the criminal liability of military commanders in the context of the ratification of the Rome Statute, which necessitated the implementation of its provisions into the national legislation of Ukraine. The main focus is on the responsibilities of commanders in preventing war crimes, crimes against humanity and genocide committed by subordinates and the conditions under which commanders may be held accountable in case of failure to take appropriate control or punishment measures. The article covers the structure of command responsibility under the international standards set out in the Rome Statute, which require commanders to ensure compliance with international humanitarian law during armed conflicts. This includes, in particular, criminal liability in cases where the commander knew or should have known about the intentions of subordinates to commit criminal acts, but failed to prevent it, which is in line with the principles of command responsibility. The study also highlights the difficulties faced by the Ukrainian legal system in the process of implementing international norms, in particular, given the need to harmonize national legislation with the provisions of the Rome Statute. The ratification of the statute in Ukraine was an important step towards the integration of international standards, but requires further amendments to the Criminal Code and training of the judiciary to implement these norms. Important elements are also the creation of a clear system for proving the responsibility of commanders, as well as the provision of judicial mechanisms for the consideration of cases involving suspected commanders. The scientific significance of the study lies in the in-depth analysis of the responsibility of military commanders, which contributes to the development of national human rights mechanisms and lays the foundation for the development of justice in accordance with international humanitarian norms. The conclusions of the article emphasize the critical role of integrating international law into national judicial practice, which will contribute to ensuring justice during armed conflicts, protecting human rights and strengthening the rule of law in Ukraine.