CRIMINAL LIABILITY FOR WAR CRIMES: NATIONAL PRACTICE AND INTERNATIONAL STANDARDS
The purpose of the article is to analyse the specific features of criminal liability for war crimes in the context of interaction between national legal systems and international standards.The study aims at identifying the basic principles and mechanisms for bringing to justice those responsible for war crimes, as well as at identifying the urgent challenges and prospects for the implementation of international norms in national judicial practice.Results.The article focuses on the issue of criminal liability for war crimes in the modern international legal system.It is noted that the issue of punishing those responsible for such crimes is key to ensuring justice, restoring peace and preventing the recurrence of such crimes in the future.However, this process is accompanied by numerous challenges, including the lack of effective mechanisms for collecting evidence during active hostilities, political influence on trials, and the difficulty of identifying perpetrators.A special emphasis is placed on analysing the issues related to the scale of the russian-Ukrainian conflict, which requires the use of both national legal mechanisms and international instruments, such as the International Criminal Court (ICC).It is underlined that not only the perpetrators of war crimes but also political leaders and high-ranking officials who gave illegal orders should be prosecuted.The importance of documenting crimes, collecting evidence and using it in court proceedings at the national and international levels is emphasised.It is noted that the implementation of international provisions in the national legislation of Ukraine will contribute to more effective investigation and prosecution.The international documents, such as the Rome Statute of the ICC, are reviewed, as well as the practice of involving international human rights organisations in monitoring, evidence collection and advocacy.An emphasis is placed on the prospects of establishing an international tribunal to try russia's war crimes.It is stated that the mechanisms for liability include cooperation with the national courts of Ukraine, the ICC and special ad hoc tribunals.Conclusions.The conclusions of the article emphasise that the fight against impunity is not only a matter of justice, but also an important step towards ensuring international security.If precedents of punishment are established, regardless of the status of the perpetrators, this will contribute to the formation of new standards of international law and create conditions for lasting peace.
Authors
- Oleksandr Tarasenko
Institutions
- Ministry of Internal Affairs of the Republic of Tajikistan (TJ)
- Ministry of Education and Science (UA)
Publication Details
- Journal
- Entrepreneurship Economy and Law
- Published
- 2025-01-01
- DOI
- https://doi.org/10.32849/2663-5313/2024.2.18
- Primary Topic
- International Law and Human Rights
- Type
- article
- Field-Weighted Citation Impact
- 0.00