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Уголовное право и криминология; уголовно-исполнительное право
Issue of liability for war crimes in International criminal law
Автор: Тихая Лариса Андреевна, аспирант кафедры уголовного права и процесса, РГГУ «Российский государственный гуманитарный университет»
The historical experience of the twentieth century shows that the most villainous atrocities and the greatest cruelties were committed during wars and armed conflicts. Technological advances, armament modernization and escalating armed conflicts have endangered the very existence of civilization itself. Although the threat of global war and global destruction is not that serious today, there are a large number of both international and national armed conflicts. Besides, almost all of the conflicts are accompanied by commission of felonies, as evidenced by the activity of the International tribunals and Security Council of the UN.
War crimes have frequently been the subject of study for international law and criminal law experts both in Russia and in other countries. However, the existing research is mostly focused on the analysis of the causes of war crimes and matters of criminal prosecution procedure and practice .
On the other hand, the concept of substantive principles for defining one act or another as a war crime against international criminal law has not been formed in the Doctrine. Nevertheless, today there is an urgent need to develop the concept of the war crime in international criminal law, and to work out a number of conceptual issues regarding substantive principles for establishing criminal liability for certain kinds of war crimes.
Furthermore, despite the constitutional positions regarding the precedence of international law over national law, the pressing issue of the degree of conformity of national law to the positions of international law in the regulation of liability for war crimes stands out .
Thus, nowadays the topic is understudied in the scientific community as well as within the national legislation of most counties.
By the beginning of the twenty-first century an integral system of sources which establish the regulations and rules of armed conflicts (both of international and non-international character) and list the rule-violating acts has been formed. The main of the rules and regulations are: the Hague Conventions, the Charter of the Nurnberg Tribunal , the Rome Statute, the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (Geneva Convention I), the Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (Geneva Convention II), the Geneva Convention Relative to the Treatment of Prisoners of War (Geneva Convention III), the Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Geneva Convention IV).
In the Russian Federation the liability for war crimes is provided in the chapter 34 – Crimes Against the Peace and Security of Mankind. These crimes have not been formed into a separate institution (The Use of Prohibited Means and Methods of Warfare, Mercenary Activities).
Литература:1.Robinson M. War Crimes, and Crimes Against Humanity. L., 1999.
2.Кибальник А. Г. Преступление и ответственность в международном уголовном праве. Ставрополь, 2002.
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