Злочин геноциду за міжнародним кримінальним правом: визначення та ознаки

The article is devoted to the analysis of the crime of genocide under international criminal law, particularly its definition and main characteristics. Genocide, as one of the most serious international crimes, is classified in accordance with the 1948 Convention on the Prevention and Punishment of the Crime of Genocide and the Rome Statute of the International Criminal Court. The primary focus is on the objective and subjective elements, as well as the subjects of liability. It is emphasized that a proper definition and understanding of the characteristics of genocide are crucial not only for the effective prosecution of perpetrators but also for preventing new instances of this crime. The international community must ensure the effective fulfillment of states’ obligations regarding the prevention, investigation, and prosecution of genocide, which is a key element in strengthening the global system of human rights protection. Doctrinal and normative approaches to defining the crime of «genocide» are analyzed, and genocide is understood as the intentional commission of acts aimed at the total or partial destruction of a national, ethnic, racial, or religious group as a distinct community, through physical extermination, infliction of severe harm, creation of unbearable living conditions, restriction of birth rates, or forcible transfer of children. The objective is not only to harm individuals but also to eliminate the group’s identity in its social, cultural, and historical dimensions. It is highlighted that international courts and tribunals, particularly the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, and the Special Tribunal for Rwanda, play a central role in ensuring justice and holding perpetrators of genocide accountable. These institutions not only administer justice but also actively establish legal precedents that contribute to the legal definition of genocide and the improvement of international norms regarding its punishment. The findings of the study indicate the necessity of further improving mechanisms for holding individuals accountable for genocide, as well as the importance of harmonizing national legislation with international standards in the fight against international crimes.