Роль загальних принципів права у покаранні злочину агресії РФ проти України

The study examines the role of general principles of law in the international prosecution of Russian war criminals. In particular, the application of general principles of law can help establish a framework for the prosecution of those involved, even if there are gaps or ambiguities in relevant treaties or customs. Attention is focused on the role of international criminal justice bodies, in particular, if questions and doubts arise as to whether trials at the national level complied with international standards of criminal justice and the general principles of law that are the source of international criminal law. In this context, it is international criminal justice, in particular the International Criminal Court (ICC), that can play a crucial role in ensuring that the most serious crimes are addressed and adequately punished. The application of general principles of law can help resolve these disputes and prevent conflicts of jurisdiction. And the leading role in this sense belongs to such a generally recognized principle of criminal justice as the inevitability of punishment. The principle of the non-reversibility of punishment aims to ensure that those responsible for heinous crimes, such as genocide, war crimes and crimes against humanity, are held accountable. In the context of Russian aggression against Ukraine, the principle of universal jurisdiction should serve as a tool for holding accountable those suspected of committing war crimes, genocide, crimes against humanity, and other serious violations of international humanitarian law. States that support Ukraine, condemn Russia’s aggression, and recognize and apply the principle of universal jurisdiction can assume responsibility for conducting an investigation and appropriate prosecution, even if the crime was not committed on their territory and they have no direct relationship with the victims or perpetrators. Thus, such states can use universal jurisdiction as a legal mechanism to hold perpetrators accountable if other international mechanisms prove insufficiently effective or unavailable.