Journal articles on the topic 'Crimes of war'
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1
Plakhtii, V. M., О. А. Leonenko, and M. V. Kravets. "DEVELOPMENT OF THE INSTITUTE OF CRIMINAL RESPONSIBILITY OF MILITARY SERVANTS AS ONE OF THE ELEMENTS OF COUNTRY SECURITY." Scientific Herald of Sivershchyna. Series: Law 2022, no. 1 (March 31, 2022): 103–13. http://dx.doi.org/10.32755/sjlaw.2022.01.103.
Abstract:
The article is devoted to the study of international legal aspects of the settlement of crimes related to military service and crimes committed during hostilities. The analysis of the international legislation and the legislation of Ukraine, their evolution and development in different periods of history concerning the essence of war crimes is carried out. In addition, it was noted that there are problems in defining the term crime, which in modern criminal law does not have a generally accepted definition. The most popular view is that crime is a category created by law. Therefore, a crime is anything that does not comply with the law. One of the proposed definitions is the following: a crime or misdemeanor (criminal offense) is an act that harms not only the individual but also the community, society or state. At the same time, the article mentions the international legal aspect in the regulation of war crimes, namely the Geneva Conventions: the Convention on the Treatment of Prisoners of War, the Convention for the Protection of Civilian Persons in Time of War, which in 1949 (after World War II) improving the fate of the wounded and sick. Conventions also define acts that are crimes. It is noted that the development of military law has also led to changes in the understanding of the concept of war crime and the introduction of appropriate responsibility for crimes against humanity and war crimes committed in the occupied territories. It is also emphasized that the issue of war is currently the most relevant for the realities of Ukraine and the world as a whole. Namely, the situation with the southern part of our country – Crimea and the events taking place in the east force us to react urgently to new threats and stand in the way of counteracting new problems of criminal law. Key words: military criminal offense, military criminal law, military service, serviceman, criminal liability.
2
Krychun, Yu. "WAR AND MILITARY CRIMES IN CRIMINAL LAW OF UKRAINE: FEATURES AND RELATIONSHIP WITH INTERNATIONAL CRIMINAL LAW AND FOREIGN LEGISLATION." Scientific Notes Series Law 1, no. 13 (March 2023): 109–14. http://dx.doi.org/10.36550/2522-9230-2022-13-109-114.
Abstract:
The study deals with the conceptual and categorical apparatus of the field of criminal law, which relates to military and war crimes. It is noted that the concept of a war crime became enshrined in international legal acts relatively recently, namely in 1945 in the Statute of the Nuremberg Tribunal, but certain rules related to the prevention of war crimes existed from the time of the ancient slave-owning states of civilizations. The main norms regarding war crimes in the first modern sense of the codified act on the rules of war, the status of war victims, the rules of hostilities, namely the Liber Code of 1863, are given. Attention is focused on the Rome Statute of the International Criminal Court of 1998, where war crimes are defined as gross violations of the Geneva Conventions of August 12, 1949, as well as 26 other serious violations of the laws and customs of war, most of which have been considered crimes by states since the Second World War. Definitions of war crimes by various Ukrainian researchers are given: M. Piddubna, V. Repetsky, V. Lysyk, and others. The article points to the normative consolidation and definition of military criminal offenses and norms on war crimes in the Ukrainian national legislation. The foreign national legislation of Taiwan, the USA, and Poland regarding the regulation of the issue of military and war crimes is also analyzed. In conclusion, the main differences between war crimes and war crimes are given. It is also summarized that in democratic liberal legal states, different approaches to the regulation of offenses committed by military personnel during their service, that is, regarding war crimes, have developed. In English-language law, you can find the use of the terms "military crime" (as war crimes) and "war crime" (war crime). Punishment for war crimes can be defined as in the United States, where there is a separate Code dedicated to the offenses of military personnel of the US Army and the National Guard, which at the same time has its own military justice system.
3
Schaefer, Edward A., and Norman E. Tutorow. "War Crimes, War Criminals, and War Crimes Trials." German Studies Review 10, no. 2 (May 1987): 377. http://dx.doi.org/10.2307/1431142.
4
Bundz, Rostyslav, and Diana Yarovyk. "War crimes in criminal law of Ukraine." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 39 (August 22, 2023): 162–67. http://dx.doi.org/10.23939/law2023.39.162.
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The article highlights the concepts, signs and classifications of war crimes. Disclosure of the meaning of the concept of "war crime" taking into account the provisions of international criminal law. Attention is focused on revealing the meaning of the concept of "war crime" taking into account the provisions of international criminal law. Ukraine is going through a difficult period of history associated with the armed conflict in the east of the country. This creates a serious need for the study and regulation of war crimes in the context of national criminal law. The formulation of the problem focuses attention on war crimes as an object of research. This allows us to determine the specificity of these crimes and the need for their separate legal regulation. Criminal acts in the context of armed conflict have their own characteristics and may differ from crimes committed in peacetime. Further research of this problem may include an analysis of the legal regulation of war crimes in Ukraine, a comparison with international norms, a study of the practice of prosecution of war crimes, as well as the development of proposals for improving legislation in this area. The article reveals the concept of a war crime in the criminal law of Ukraine, its characteristics, the list of war crimes provided for by the Criminal Code of Ukraine. Information is provided on the legal status and concept of war crimes according to Ukrainian legislation, as well as an analysis of international norms that regulate this problem. The problems of war crimes, the ways of their solution and regulation are disclosed. Analysis of sanctions for the commission of war crimes provided for in accordance with the legislation of Ukraine. Analysis of ensuring the rights of suspects and accused in war crimes, as well as compliance with international standards. Classification of war crimes of Ukrainian criminal law, which includes: crimes against peace, crimes against civilians and war crimes. Analysis of the protection of the rights of an individual, as well as ensuring a fair trial for suspects and accused persons.
5
Allahverdiyev, Alovsat. "Criminological specificity of war crimes, their difference from crimes against humanity and genocide." Journal of the National Institute of Justice, no. 4(67) (February 2024): 54–60. http://dx.doi.org/10.52277/1857-2405.2023.4(67).08.
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At the present day sometimes crime of genocide is practically described as a crime against humanity, and the latter is characterized as war crimes. Although some similarity does exist between these kinds of crimes, they have different peculiarities by their constituent elements. These peculiarities possibly may be linked with warfare, but it wouldn’t be correct to bind them entirely with warfare. This difference can be found even in the charters of international criminal tribunals, particularly in various articles of Statute of the International Criminal Court: crime of genocide in Article 6, crimes against humanity in Article 7, and war crimes in Article 8 respectively. Unlike war crimes, crimes against humanity and crime of genocide can be perpetrated both in times of warfare and peace. It’s always important to distinguish the latter from war crimes.
6
Zubanskiy, M. K. "The concept and composition of war crimes in the context of international criminal law." Actual problems of improving of current legislation of Ukraine, no. 58 (February 28, 2022): 47–56. http://dx.doi.org/10.15330/apiclu.58.47-56.
Abstract:
The article conducts a comprehensive study of the legal category of «War Crimes» in the context of the provisions of international criminal law and international regulations. To date, the concept of war crime has not received clear legal regulation in the provisions of international law, but has become widespread and applied in practice a list of acts that are recognized as war crimes under the Rome Statute of the International Criminal Court and the Geneva Convention.A full analysis of the category of «war crime» is impossible without studying the legal features of war crimes based on the provisions of international humanitarian law and the security doctrine of the international community, through the prism of the practice of international law.War crimes are characterized by the significance of those features of a criminal offense that are irrelevant in ordinary crimes and in war crimes allow to correctly classify a socially dangerous act and determine the rules of international law applicable to a person committing a war crime. A special feature of the subject of the crime is the presence of a special subject of war crimes, namely combatants or non-combatants. From a subjective side a military crime is accomplished consciously and with the intentional form of guilt. Marked, that during the estimation of publicly-dangerous act as military crime an important value has research of signs of perfect act through the prism of signs of soldiery crimes, that is certain the norms of Genevan convention and also Roman charter of the International criminal court. It is thus summarized that as a military crime the feasance of international or domestic conflict comes forward a subject or by the persons of act, that consists in gross, mass violation of norms of international humanitarian law and also in gross violation of rights and freedoms of persons, that participate battle actions or are in the district of realization of battle actions, equated with them.
7
Gilbertson, Tristan. "War Crimes." Victoria University of Wellington Law Review 25, no. 3 (October 2, 1995): 315–44. http://dx.doi.org/10.26686/vuwlr.v25i3.6195.
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This article examines the status of crimes against humanity in New Zealand and international law at the time of the Second World War. It argues, on the basis of an historical examination of the laws and customs of war, that crimes against humanity were established in customary international law over 100 years before the War. This conclusion effectively eliminates any question of retroactive punishment of these crimes at Nuremberg and, by extension, more recent war crimes trials. The article then examines the status of crimes against humanity in New Zealand municipal law. It considers whether crimes against humanity form part of New Zealand law under the common law doctrine of incorporation or whether it would be necessary to legislate for trials for these crimes to take place here. The article concludes by suggesting the form any New Zealand legislation should take on the basis of a comparative analysis of war crimes legislation in other jurisdictions.
8
Ebener, Carol. "War crimes: Report of the war crimes inquiry." Government Publications Review 18, no. 4 (July 1991): 415–16. http://dx.doi.org/10.1016/0277-9390(91)90049-4.
9
Šimić, Goran, and Amila Ferhatović. "PARAMILITARY AND WAR CRIMES COMMITTED IN BOSNIA AND HERZEGOVINA / PARAVOJNE JEDINICE I RATNI ZLOČINI POČINJENI U BOSNI I HERCEGOVINI." Pregled: časopis za društvena pitanja / Periodical for social issues 64, no. 1 (September 29, 2023): 3–17. http://dx.doi.org/10.48052/19865244.2023.1.2.3.
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The last armed conflict in Bosnia and Herzegovina, which took place between 1992 and 1995, was a bloody one. Not only was lots of real blood were spilled, but metaphorically speaking, it resulted in millions of displaced persons, hundreds of mass graves, hundreds of places of detention, hundreds of thousands of prisoners of war, hundreds of thousands of tortured and destroyed lives. During the aftermath of the war, around 700 war crime cases were prosecuted, spanning one thousand defendants, and including all possible war crimes, including genocide. These war crime trials could be observed from different perspectives. While most of these crimes were committed by soldiers and police officers, among those who were not soldiers or police officers, one category is to be particularly observed, the paramilitary. Members of the paramilitary, not soldiers or civilians, according to the database of war crimes, were charged in some 5% of all war crimes cases. But then, if these persons are not soldiers or civilians, the question is who were they, and why they do what they did? Furthermore, what interest did they have in behaving in a way that is characterized as criminal, more precisely, a war crime. Among number of the war crimes committed by the paramilitary groups in Bosnia and Herzegovina, this paper will analyze ones including most serious crimes and those of most significance. By doing that, this paper will contribute to the better understanding of the position and behavior of the paramilitary groups involved in committing war crimes, further legal regulation of their position, and social understanding of the nature of paramilitary forces in and after the armed conflict.
10
Sokurenko, Vitalii. "Military-Aggressive Crime as A Subject of War Criminology." Archives des Sciences 74, no. 2 (May 15, 2024): 133–39. http://dx.doi.org/10.62227/as/74219.
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The article is devoted to the study of military-aggressive crime as a subject of war criminology. It is established that military-aggressive crime is an extensive system of criminal practices based on crimes of aggression. Armed aggression against Ukraine as a foreign policy manifestation and consequence of the functioning of the Russian fascist political regime has as its consequence and accompanying manifestations a number of violent war crimes, crimes against humanity, as well as genocidal practices. They determine a backlash in the form of a system of violent war-related crimes. On this basis, two epistemological blocks are distinguished in the structure of military-aggressive crime: crimes of action and reaction. They are interconnected. The first determines the second. A number of war criminals among Ukrainian combatants, as well as civilians, who commit aggressive and violent hate crimes are caused by previous crimes against them, representatives of their community. It is stated that there is a paradoxical international legal situation when ongoing aggression as an internationally wrongful act of the State is recorded in various formats and at various levels, including the highest level of the UN, but at the same time, the international community does not respond to the crime of aggression in the forms inherent in criminal justice.
11
NAZARENKO, Pavlo, Liliia BAIEVA, and Anna SEMENIUK-PRYBATEN. "Criminal responsibility for war crimes in the context of armed aggression against Ukraine." Economics. Finances. Law 7, no. - (July 28, 2023): 6–9. http://dx.doi.org/10.37634/efp.2023.7.1.
Abstract:
Introduction. Armed conflicts are one of the important problems of our time. They lead to social tension because the rights of not only military personnel, but also the civilian population are violated. At the international level, more and more attention is paid to such issues as war crimes during armed aggression. For Ukraine, the issue of criminal responsibility at the state and international level is relevant. The purpose of the paper is to analyze issues related to criminal responsibility for committing crimes during armed aggression in Ukraine. Results. War crimes during the armed aggression of Russia against Ukraine have been ongoing since 2014. However, with the beginning of a full-scale invasion, they acquired a systematic character. In international humanitarian law, a gross intentional violation of the laws and customs of war is considered a war crime. War crimes are one of the main crimes of international law. The four Geneva Conventions of August 12, 1949 and Additional Protocol I to them of June 8, 1977 oblige states to criminalize serious violations of international humanitarian law in their national legislation. Ukraine fulfills this requirement primarily by adding Article 438 "Violation of laws and customs of war" to the Criminal Code of Ukraine. The definition of criminal responsibility for committing war crimes is also contained in such an international act as the Rome Statute. The widest list of war crimes is enshrined in the Statute of the International Criminal Court, the so-called Rome Statute. The more discovered facts of war crimes in Ukraine appear in the public space, the more the term "genocide" sounds from various international bodies and public figures. The Verkhovna Rada also demanded that war crimes of the Russian Federation should be recognized as genocide against the Ukrainian people. Conclusions. For Ukraine, the problem of criminal responsibility for war crimes is and will be relevant. In the conditions of martial law, it is important that each such crime is discovered and investigated separately. After all, those who commit crimes against humanity should know that they cannot escape criminal responsibility. The specified features of war crimes will allow to distinguish them from other crimes in the future, and will allow to better specify and implement international criminal responsibility for their commission.
12
Jug, Jadranko. "Odgovornost za štetu i naknada štete počinjene ratnim zločinom." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 39, no. 1 (2018): 601–28. http://dx.doi.org/10.30925/zpfsr.39.1.20.
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<span>War crimes are the most serious criminal offences, which in terms of their characteristics are related to violations of the rules of international law during a war, armed conflict and occupation. One of the consequences of the commission of war crimes is material and non-material harm, caused as a rule to a large number of people. Therefore liability for damages and reparation of the harm caused to the victims of war crimes is equally as important as the criminal prosecution of the perpetrators themselves. In the territory of the Republic of Croatia and neighbouring Bosnia and Herzegovina, wars and armed conflicts were waged in recent history, and war crimes were committed. Still today criminal proceedings and proceedings for payment of damages and reparation for the harm that was caused are being conducted against the perpetrators and the responsible persons. Regarding liability for damages for the war crimes committed, the state will very often appear alongside the wrongdoer as the responsible person, and as a result the question will arise of the expiration of the statute of limitations for reparation towards a state. It is also important to differentiate war damage and acts of terrorism from a possible war crime and, regarding payment of damages to victims of war crimes, it is necessary to conduct rapid and efficient compensation proceedings. The subject of this paper is an analysis of the legislation and case law related to liability for damages and the harm caused by war crimes. The paper first explains the terminology and the differences between a war crime, war damage and an act of terrorism, and then liability is discussed for the harm caused by war crimes and reparation of that harm.</span>
13
Ghosh, Arnab Kumar. "War Crimes and Crime of Genocide: Does the Laws really prevent Crimes in the Modern Society." International Journal for Research in Applied Science and Engineering Technology 10, no. 5 (May 31, 2022): 4452–61. http://dx.doi.org/10.22214/ijraset.2022.43428.
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Abstract: The term Genocide and War Crimes is as old as the existence of the first social groups formed in human society which started happening throughout the generation. Each of those concepts has followed its own path and definition but sometimes there are considerable overlaps among them. These overlaps require progressive codification where both confirmed and reaffirmed in an effort to stop and punish the commission of such acts. It’s a very obvious question when the term war crime was used for the first time and when the first war crimes were committed during history by some famous empire that termed it in their own primitive societies. It was very common in between the wars or battles that were concluded by sacking a particular region after defeating them, and by slaughtering the soldiers’ and capturing the civilians. But at that time it was common war behavior by the successor party and never thought of considering it as war crimes. As far as genocide is concerned, this crime was first time codified under International Law and acted more swiftly than war crimes as some nightmare incident happened during World War II done by world’s greatest Nazi party. These crimes are also severe inhuman offenses which are committed in the most brutal way of violation of any human law. I have also tried to discuss the recent conflicts between Russia and Ukraine related to NATO discussion and how superpower countries using their powers just to make ensure their countries are as safe as heaven. These all wars led to War Crimes rise of War Criminals, and thousand to genocide cases. These atrocities crimes effect the future generation physically, mentally and with chemical sediments of those immigrants. Till date it is a major problem throughout the globe and especially in our country, which directs us to different riots, protests and other events without declaring it as genocide or any crime towards society. In this paper, I have tried to explore some facts and crime in detailed manner by covering the entire concept and how this concept of war crime and genocide affects the society, the social health and mental health of the people and some various definitions and law which till date people are unaware to such type of incident by calling them a simple crime or murder. Thus, this paper tries to analyze the difference which will help to understand the wholesome meaning and ideas of this atrocity crime. Keywords: Genocide, War, Generation, Crime, Atrocity.
14
Banjarani, Desia Rakhma, Febrian Febrian, Mada Apriandi Zuhir, and Neisa Angrum Adisti. "War Crimes In Humanitarian Law And International Criminal Law: The Urgency Of War Crimes Regulation In Indonesian Criminal Law." Fiat Justisia: Jurnal Ilmu Hukum 17, no. 2 (March 31, 2023): 109–32. http://dx.doi.org/10.25041/fiatjustisia.v17no2.2859.
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Indonesia has Law Number 26 of 2000 concerning the Human Rights Court or the Law on Human Rights Courts, similar to the Rome Statute. However, this law does not regulate war crimes, while the Rome Statute specifically regulates war crimes. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. It is the background of this research that the problem will be discussed: How are war crimes provisions in humanitarian law and international criminal law? Why do war crimes need to be regulated in Indonesian criminal law? This type of research is normative juridical research with a statute approach through qualitative descriptive analysis. The results of this study show that the regulation of war crimes is governed by humanitarian law and international criminal law. In humanitarian law, war crimes are regulated in the 1907 Hague Convention, the 1949 Geneva Convention, The Declaration on the Protection of Women and Children in Emergency 1974, and Additional Protocol II Geneva Convention 1977. Meanwhile, international criminal law regulates the responsibility of war crime perpetrators in the IMT Charter 1945, IMTFE Charter 1946, the 1993 ICTY Statute, the 1994 ICTR Statute, and the 1998 Rome Statute. The urgency of regulating war crimes in Indonesian law is due to four aspects: 1) Indonesia has ratified the 1949 Geneva Convention. 2) No regulations in Indonesia regulate war crimes, even in the 2023 Criminal Code. 3) Indonesia is part of the international community. 4) Law enforcement armed conflict cases in Indonesia is unresolved.
15
Cataleta, Maria Stefania. "The crime of aggression in the Ukrainian war." europa ethnica 79, no. 3-4 (2022): 142–45. http://dx.doi.org/10.24989/0014-2492-2022-34-142.
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The prosecutability of Putin for the crime of aggression against Ukraine raises procedural issues. The ICC has not jurisdiction for the crime of aggression in the Ukrainian war, except for genocide, crimes against humanity and war crimes. All these crimes have been abundantly documented also by media. The Russian military attack against Ukraine does not need evidence, it is in re ipsa. However, the possibilities of effectively launching an investigation for such conduct are few and uncertain.
16
Kvasha, Oksana, and Babanly Rasim. "International crimes in the conditions of war in Ukraine: problems of justice and criminal justice." Yearly journal of scientific articles “Pravova derzhava”, no. 34 (August 1, 2023): 485–95. http://dx.doi.org/10.33663/1563-3349-2023-34-485-495.
Abstract:
Introduction. Ukraine's victory in the on going war against Russia depends, among other things, on the mobilization of the entire domestic criminal justice system for effective investigation and prosecution of those guilty of crimes against the Ukrainian people. Russia's aggression in Europe did not begin in 2022 with a full-scale invasion of Ukraine, and not even in 2014 with the annexation of the Autonomous Republic of Crimea and the occupation of part of the Donetsk and Luhansk regions, but in 2008,when military operations were launched in Georgia. Unfortunately, neither in 2008 nor in 2014 did the international security system and the world react properly and mobilize efforts to prevent a full-scale war in the heart of Europe, a war with signs of genocide, terrorism and barbarism, the death of thousands of civilians, the destruction of critical infrastructure European state. The aim of the article is to determine the state of response to Russia's armed aggression by national and international legal means. Conclusions. Mechanisms for the administration of justice in connection with the commission of crimes currently exist at the national and international levels. The latter, in turn, has two directions: one of them is at the stage of collecting materials, recording and investigating war crimes, crimes against humanity and genocide; the second – in its infancy – at the stage of finding a concept and its further implementation regarding the creation of an international tribunal on the crime of aggression. It is necessary to find mechanisms to bring the representatives of the aggressor state and accomplice states (the Republic of Belarus, Iran) to justice. Since, in general, the entire Ukrainian society is a collective victim of the crime of aggression on the part of Russia, international institutions should be involved in order to carry out fair justice both for the leadership of the aggressor state, accomplice states (aiders), and every military person who committed crimes in Ukraine. Key words: international justice, international crime, aggression, internationaltribunal, fair justice, war crime, court, genocide, national security, state security,collective victim, International Criminal Court, crimes against humanity, complicity, self-defense.
17
Futamura, Madoka. "Talking about War Crimes: War Crimes Discourse and Strategy." Defence Strategic Communications 12 (June 2, 2023): 135–64. http://dx.doi.org/10.30966/2018.riga.12.7.
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One of the characteristics of the current war in Ukraine is the intensity of talks and practices regarding war crimes and accountability. Since Russia’s invasion in February 2022, both Ukraine and Russia have consistently claimed that the other side has been conducting inhumane war crimes while seeking accountability, domestically and internationally. Meanwhile, the International Criminal Court (ICC) has opened investigations into the situation in Ukraine. Various international and civil society actors have been actively investigating alleged war crimes, pursuing accountability mechanisms. At the same time, concerns that war crimes prosecution during conflicts may hinder the peace are persistent. And the prospect of prosecution and actual trial of Russia’s ‘big fish’ is full of uncertainty. 136Defence Strategic Communications | Volume 12 | Spring 2023DOI 10.30966/2018.RIGA.12.7Yet, the level of intensity of war crimes discourse in the current situation is worth highlighting. What do people expect from war crimes accusations? Why and in what ways does talk of war crimes matter?
18
May, Larry. "War Crimes and Just War." Journal of Military Ethics 7, no. 4 (December 2008): 317–19. http://dx.doi.org/10.1080/15027570802510197.
19
Fierieva, Natalia. "DIFFERENTIATION THE CRIME ACCORDING TO THE ART.405 OF THE CRIMINAL CODE OF UKRAINE WITH OTHER RELATED CRIMES AND OFFENSES." Slovo of the National School of Judges of Ukraine, no. 1-2(38-39) (November 21, 2022): 196–208. http://dx.doi.org/10.37566/2707-6849-2022-1-2(38-39)-18.
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The article analyzes separate issues of the qualification of a war crime, provided for in Art. 405 («Threat or violence against a superior») of the Criminal Code of Ukraine. It considers a military crime, which provides for criminal liability in case of encroachment by subordinates on superiors and commanders in connection with their performance of military service duties. At the same time, judicial statistics maintained by the State Judicial Administration of Ukraine shows that with the beginning of hostilities in the East of Ukraine, the level of military crime has significantly increased, in particular, comparing with 2013. Thus, in 2017, the amount of servicemen convicted of war crimes (now military criminal offenses) increased more than in 15 times. And although it gradually decreased in the following years, it nevertheless remains stably high. In the system of military criminal offenses, war crimes against the order of subordination according to Art. 405 of the Criminal Code of Ukraine. During the period of 2011-2021, 184 servicemen were convicted of committing the specified crime, which indicates an unsatisfactory level of military discipline among a separate category of servicemen, whose criminal actions are aimed at violating the principle of subordination, as one of the fundamental principles in the construction of a military formation. Therefore, correct qualification of the specified military crime is extremely important, which requires relevant knowledge and experience in law enforcement activities. Key words: crimes against the established order of military service, war crimes, threat or violence against a superior, composition of the crime, objective side, qualification of war crimes.
20
Oikya, Upal Aditya. "Wartime Sexual Acts as Prosecutable War Crimes." DÍKÉ 2020, no. 2 (March 11, 2021): 108–23. http://dx.doi.org/10.15170/dike.2020.04.02.08.
Abstract:
Human history is littered with the mass rape of women particularly as a military strategy in warfare, dating back centuries from ancient Greek, Roman, and Hebrew concubines through the Middle Ages to the 20th century ‘comfort women’ of the 2nd World War. Ancient literature explicitly refers to rape or the seizure of vanquished women, who were regarded as the enemy’s property, to become wives, servants slaves, or concubines. The plight of women worsened in the twentieth century when civilian women suffered the most consequences of armed conflicts including rape. Rape served as an oppressive and humiliating tool to severe family identity to dominate, demoralize, and destroy the entire enemy society and way of life. In the past, there appeared to be no international law that specifically dealt with rape in armed conflicts. This was caused by the ambivalent relationship between the law of armed conflict and gender-based crimes. Rape was overlooked as an unfortunate yet inevitable by-product of war. Both international humanitarian and human rights laws did not initially recognize rape as a serious war crime and a fundamental breach of human rights. This deafening legal silence and gap are being addressed through an ongoing evolutionary process by criminalizing wartime predatory sexual acts as a war crime, crimes against humanity, and even genocide. However, with the developments of international law and its practice, for the first time in the history, mass rape and sexual enslavement in the time of war be regarded as ‘crimes against humanity’ in a landmark ruling from the Yugoslav War crime tribunal in the Hague on 22 February 2001. But, even before that, some prior legal instruments for example the Lieber Code, promulgated during the American Civil War regarded [wartime] rape as war crime with capital punishment. Thus, this paper aims to analyze how the historical legal instruments have articulated the extend of criminality and culpability of wartime rapes and other sexual violence and their nexus with crimes of humanity, genocide, and war crimes within the corpus of international norms and criminal prohibitions as well as the historical development of wartime sexual acts as prosecutable war crimes.
21
Scheffer, David J. "War Crimes and Crimes against Humanity." Pace International Law Review 11, no. 2 (September 1, 1999): 319. http://dx.doi.org/10.58948/2331-3536.1236.
22
Mehring, Sigrid. "Medical War Crimes." Max Planck Yearbook of United Nations Law Online 15, no. 1 (2011): 229–79. http://dx.doi.org/10.1163/18757413-90000070.
23
Pfaff, W. "Judging war crimes." Survival 42, no. 1 (January 2000): 46–58. http://dx.doi.org/10.1093/survival/42.1.46.
24
Hunt, David, and Mark Philip Bradley. "Crimes of War." Critical Asian Studies 45, no. 3 (September 2013): 499–504. http://dx.doi.org/10.1080/14672715.2013.829317.
25
Haworth, Lee E., and James G. Hergen. "Iraqi war crimes." Society 31, no. 2 (January 1994): 54–61. http://dx.doi.org/10.1007/bf02693216.
26
Goncharova, Yulia O. "Technique of war crimes regulation in the 1960 Criminal Code of the RSFSR." Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 15, no. 4 (December 20, 2021): 574–81. http://dx.doi.org/10.18255/1996-5648-2021-4-574-581.
Abstract:
The article analyses the technique of regulating war crimes in the Criminal Code of the RSFSR of 1960. The author notes the need for a retrospective analysis of the legislative technique of war crimes in order to consider this type of crime most holistically. Despite the existence of discussions in the theory of criminal law about the concept of legislative technique and the elements included in it, the author interprets legislative technique as a set of means and techniques used to give the content of legislative norms an appropriate form. This article also notes the need to distinguish the category of «war crimes» in the criminal legislation of the Russian Federation, as this term is widespread in international criminal law. The author attributes the following provisions of the Criminal Code to war crimes: Article 356 («Application of prohibited means and methods of warfare»), Article 357 («Genocide») and Article 359 («Menary»). The author conducts a comparative analysis of the legislative technique of the norms on criminal liability for war crimes of the current criminal legislation and criminal legislation of the Soviet period. From the analysis, some features of the technique of regulating war crimes of the Soviet period are revealed, namely: a) most of the elements of war crimes were designed using the casual reception of legislative equipment; b) the Soviet legislator used a direct way of presenting the norms without applying references; c) the note was used to build some formulations of war crimes, but did not This paper also examines a number of imperfections in the technique of regulating war crimes in the 1960 Criminal Code.
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Kaluzhna, Oksana, and Kateryna Shunevych. "LIABILITY MECHANISMS FOR WAR CRIMES COMMITTED AS A RESULT OF RUSSIA’S INVASION OF UKRAINE IN FEBRUARY 2022: TYPES, CHRONICLE OF THE FIRST STEPS, AND PROBLEMS." Access to Justice in Eastern Europe 5, no. 3 (August 13, 2022): 178–93. http://dx.doi.org/10.33327/ajee-18-5.2-n000324.
Abstract:
Ukrainian law enforcement agencies are investigating more than 18,000 war crimes and crimes of aggression, including 18,177 violations of the laws and customs of war, more than 5,000 murders and 6,000 civilian injuries, and about 23,000 destructions of civilian infrastructure. We note these figures without considering the number of crimes committed in the occupied territories and the places of active hostilities. The number of crimes increases every day. War crimes are a type of international crime, along with the crime of aggression, crimes against humanity, and genocide, which russia[1] is committing in Ukraine. However, in the article’s title, the term ‘war crimes’ is used in a unifying context. The researchers outline the range of war crimes and note the lack of systematisation due to the non-ratification of the Rome Statute by Ukraine, which significantly complicates the qualification of crimes for practicing lawyers. The authors then analyse such mechanisms of bringing the military, officers, and officials of russia to justice as: а) the International Criminal Court (ICC), b) ad hoc tribunals, с) the European Court of Human Rights (ECtHR), d) national judicial systems on the principle of universal jurisdiction e) criminal proceedings of Ukraine, f) eclectic forms of cooperation of justice bodies of Ukraine with foreign and international partners, together with the chronology of the first steps for each. The rationality of the establishment of a special international ad hoc tribunal exists because of the duration of the proceedings in the IСС, the ІСС workload and lack of funding, and the non-extension of the ICC jurisdiction to the crime of aggression due to Ukraine’s non-ratification of the Rome Statute; ensuring the impartiality of the court in the eyes of the international community. The authors draw the attention of the Ukrainian legislator to the need to improve the logistics of using foreign forensic experts’ opinions in criminal proceedings on war crimes in Ukraine by amending the Criminal Procedure Code (CPC) on the procedure for its verification as sources of evidence. The research methodology includes logical, historical, statistical, comparative law, and system-structural methods. The information base consisted of international legal acts, national legislation, official resources of authorities and international institutions, and other open data.
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Dragonenko, A. "CONCEPTS AND SIGNS OF WAR CRIMES IN INTERNATIONAL CRIMINAL LAW." Scientific Notes Series Law 1, no. 12 (October 2022): 151–57. http://dx.doi.org/10.36550/2522-9230-2022-12-151-157.
Abstract:
The article examines the norms of current international criminal law, from the standpoint of the lack of a conceptual definition of the concept of "war crimes", which, in turn, is a gap in international law. Considering war crimes from the current point of view, given the accumulated positive scientific achievements and law enforcement practice, it is reasonable to define them as gross violations of international humanitarian law committed during armed conflicts (international and non-international), entailing individual criminal responsibility for international right. It is clarified that war crimes are a type of crime against the peace and security of mankind, in connection with which they have common features for these crimes: increased degree of public danger; the orientation of such criminal acts on the interests protected by international law; their criminalization and punishment are carried out in accordance with international law. It is proved that war crimes are characterized by special (peculiar only to them) features: it can be committed only during an armed conflict; the object of encroachment is the procedure of armed conflict established by international law and the security interests of persons (individuals) protected by international law; gross nature of the violation; the consequences for the rights and interests protected by international humanitarian law; peculiarities of the subjective side - along with the features inherent in all crimes against peace and security of mankind, it is necessary for the perpetrator to be aware of the fact of armed conflict; the perpetrator of a war crime must be aware of the factual circumstances that indicate the protected status of persons - victims of the crime. Given these special features of war crimes, their detailed definition is proposed: socially dangerous, criminal acts committed during armed conflicts (international or non-international) that encroach on the established by international humanitarian law, the interests and security of defenders, and entail individual criminal liability in accordance with the rules of international criminal law.
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Myroshnychenko, Nataliia, Dmytro Baranenko, Alina Murzanovska, Zoriana Dilna, and Susanna Suleimanova. "Crimes against humanity in the conditions of military conflicts of the 21st Century: The practice of international courts." Revista Amazonia Investiga 11, no. 54 (August 30, 2022): 9–17. http://dx.doi.org/10.34069/ai/2022.54.06.1.
Abstract:
Despite the existence of norms of international public law regulating the conduct of war, during military conflicts, states completely ignore the established rules of war and go beyond common sense, committing crimes against humanity, organizing terrorist acts, and other illegal acts. In conditions where violations of the norms and rules of hostilities become a trend, it is important to investigate how international humanitarian law regulates armed conflicts, as well as the practice of international courts regarding the consideration of cases of crimes against humanity in the context of military conflicts of the 21st century. The purpose of the work is to study the practice of international judicial authorities in the investigation of crimes against humanity in the context of military conflicts of the 21st century. The research methodology consists of such methods as historical-legal, system analysis method, logical-semantic method, methods of documentary analysis, critical evaluation, and comparison. As a result of the conducted research, the peculiarities of consideration of cases regarding the commission of crimes against humanity in the conditions of military conflicts of the XXI century by international judicial bodies were considered. Thus, the concept of crime against humanity, and war crime were formed, signs of such crimes were identified, and proposals were formed to improve international legislation in terms of regulating international crimes and ways to increase the effectiveness of activities to prosecute those guilty of war crimes.
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Borch, Frederic L. "War Crimes and Just War (review)." Journal of Military History 72, no. 2 (2008): 540–41. http://dx.doi.org/10.1353/jmh.2008.0097.
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Rengganis, Annisa. "INTERNATIONAL CRIMINAL COURT DALAM HUMANITARIAN ACTION." SOSFILKOM : Jurnal Sosial, Filsafat dan Komunikasi 11, no. 02 (December 29, 2017): 1–5. http://dx.doi.org/10.32534/jsfk.v11i02.1439.
Abstract:
The presence of the International Criminal Court (ICC) through its Roma1998 Statutes in 2002 at least provide fresh air for the law enforcement agencies for the international community. I rate, the presence of the ICC is a missing link after the formation of the International Court of Justice (ICJ) which only has authority over the country as its subject matter. Unlike the ICJ, ICC formation is motivated by the demand for justice for the many crimes incredible cruel (heinous crime), such as genocide (genocide), crimes against humanity (crimes against humanity), war crimes (war crimes) that has caused human casualties very large. As a case study this paper is a crime against humanity in Darfur are handled by ICC judiciary. In the present paper will see that so far, the international legal instruments are able to optimally ensnare the perpetrators of crimes against humanity. Thus, it is necessary that international criminal justice agencies have the authority to break the impunity and independent institution.
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Shulzhenko, Nadiia, Snizhana Romashkin, Mykola Rubashchenko, and Hаlyna Tatarenko. "The problematic aspects of International core crimes and transnational crimes accordingly to International Law." Revista de la Universidad del Zulia 11, no. 31 (October 1, 2020): 376–88. http://dx.doi.org/10.46925//rdluz.31.23.
Abstract:
Today, the boundaries of international crime involving states and transnational organized crime are slowly blurring, and as a result, the number of international crimes is steadily growing. The article analyzes two key groups of crimes: crimes indicated in the Rome Statute and transnational crimes under international conventions. This article is based on the analysis of the main groups of crimes: the first group of international crimes committed with state actors, which includes crimes against humanity, war crimes, crimes of aggression, crimes of genocide; and the second group, crimes committed by criminal groups organized in more than one country with the "international" or "transnational" character of such acts. The authors emphasize the norms of international law, according to which the International Criminal Court, together with international criminal tribunals, have jurisdiction over a small range of key international crimes, including genocide, war crimes and crimes against humanity, aggression, committed by state officials. The main objective of this research is to compare the mechanism for investigating crimes in the jurisdiction of international criminal tribunals and the International Criminal Court, together with the national procedure for investigating transnational crimes, through the ratification of international conventions and the establishment of the International cooperation. The article was made with the following methods: induction, deduction, analogy, as well as historical, dialectical and formal legal methods.
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Marchesi, Diletta. "The War Crimes of Denying Judicial Guarantees and the Uncertainties Surrounding Their Material Elements." Israel Law Review 54, no. 2 (March 23, 2021): 174–204. http://dx.doi.org/10.1017/s0021223721000030.
Abstract:
In July 2020 the International Criminal Court opened the trial in the Al Hassan case. For the first time in the history of international criminal justice a defendant is being tried with the charge of the war crime of sentencing or execution without due process in the context of a non-international armed conflict. Together with its equivalent in international armed conflicts – the war crime of denying a fair trial – this offence falls within the category of the war crimes of denying judicial guarantees. Although there are differences in their constitutive elements, both offences prohibit states and armed non-state actors from depriving prisoners of war and civilians of certain minimum judicial guarantees. The provisions that regulate these two crimes, however, present interpretative and practical issues which, so far, have not received sufficient consideration. Most notably, the material elements of the offences raise a range of interpretative doubts and are of cumbersome application. The objectives of the article are (i) to identify the issues posed by the material elements of the war crimes of denying judicial guarantees, (ii) to warn of the pitfalls hidden by the interpretation of the offences, and (iii) to trigger the debate on the issues that the crimes raise.
34
Fichtelberg, Aaron. "Crimes beyond justice? Retributivism and war crimes." Criminal Justice Ethics 24, no. 1 (January 2005): 31–46. http://dx.doi.org/10.1080/0731129x.2005.9992178.
35
OVCHINNIKOV, R. "War crimes: legal regulation and ways to improve the criminal legislation of Ukraine." INFORMATION AND LAW, no. 4(23) (December 14, 2017): 122–27. http://dx.doi.org/10.37750/2616-6798.2017.4(23).273133.
Abstract:
The article will interpret the concept of a war crime, the types of these crimes and the responsibility for their commission. The views of different scholars on the legal regulation of criminal legislation on this topic are analyzed and ways of improvement are considered. The attention is also concentrated on the problems of the application of criminal law in relation to war crimes.
36
Sadova, T. S. "ON THE QUESTION OF THE RELATIONSHIP OF WAR AND MILITARY CRIMES IN INTERNATIONAL AND NATIONAL LAW." Constitutional State, no. 42 (July 7, 2021): 220–28. http://dx.doi.org/10.18524/2411-2054.2021.42.232433.
Abstract:
The article is devoted to the study of military (crimes against the established order of military service) and war crimes. Particular attention is paid to the concept and features of these phenomena. The sources of both international and national law were also considered for the comparative characteristics of military and war crimes in order to understand their meaning and avoid the shift of these concepts. We have explored various aspects of the concept of war crimes. They are violations of the laws and customs of war. War crimes are serious violations of international law. They are violations of the Geneva Conventions of August 12, 1949. There is a list of war crimes in the Rome Statute of the International Criminal Court. This list is contained in Аrt. 8. The list of war crimes is contained in Art. 18 of the Draft Code of Crimes against the Peace and Security of Humanity too. International jurisprudence shows that there is a special subject of war crimes. The author of the article studied the draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Application of International Criminal and Humanitarian Law”. This bill proposes to exclude certain articles on military crimes and to introduce new articles on war crimes into the Criminal Code of Ukraine. The new war crimes articles contain a list of war crimes. This list is substantially similar to the list of war crimes contained in the Rome Statute of the International Criminal Court. The concept of war and military crimes is given. The main differences between military and military crimes are revealed. Identical signs of war and military crimes have been studied. As a result, the author of the article has made a conclusion about the relationship between war and military crimes under international and national law.
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Barrech, Dost Muhammad, and Mir Sher Baz Khetran. "The U.S. war crimes in Afghanistan." Asia Social Science Academy 7, no. 3 (June 30, 2022): 1–9. http://dx.doi.org/10.51600/jass.2022.7.3.1.
Abstract:
The incident of 9/11, by and large, brought great changes in international politics. The US-led War on Terror (WOT) against the culprits involved in the 9/11 incidents caused irreparable damage to Afghanistan. Surprisingly, none of the perpetrators involved in 9/11 belonged to Afghanistan nor did the attacker Al-Qaeda have any genesis with the people of Afghanistan. The price Afghanistan paid in WOT is unimaginable that can never be compensated. Over the last two decades, the US-led war witnessed colossal war crimes of the people of Afghanistan. The country saw growing war crimes committed by the U.S. forces in the shape of the killing of innocent civilians, women rapes, abductions of innocent people, massacring of masses by drone strikes. The invasion of Afghanistan according to many experts was a geo-strategic move of the US in a bid to accelerate its presence in the region and to counter growing Chinese and Russian influence, keeping closed eyes on Pakistan nuclear assets. Having squandered twenty years, the US neither eliminated terrorism nor Taliban. Instead, Washington inked Doha agreement with the hardcore Taliban who are unfit and inexperienced to rule the country are expected to be espousing the U.S. trajectory in committing further war crimes. This paper, thus, will examine the US war crimes in war-torn Afghanistan in the last two decades.
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Simeunovic-Patic, Biljana, and Vesna Nikolic-Ristanovic. "Deconstruction of organised crime and research of war victimisation." Temida 27, no. 1 (2024): 7–27. http://dx.doi.org/10.2298/tem2401007s.
Abstract:
There are many indications that various aspects and factors of large-scale war victimization could be made visible through the collection and analyses of data on organized crime in post-conflict societies. War victimisation could be understood as an outcome of opportunistic criminal activity: war conditions offer the unique opportunity to criminals and criminal groups (especially those involved in military or paramilitary formations) not only to restrain their destructive personal potentials but also to attain a new identity as ?national heroes? and gain a significantly better economic position as advantageous ?investments? to post-war criminal business. Crimes in war as well as war crimes, often perceived as basically launched by nationalistic (?blood and belonging?) ideology, could be examined from a broader hypothetical framework: nationalist ideologies should be considered not only as drives but also as means. By identifying themselves primarily as members of a specific nation who ?defend? (or victimize) a specific ethnic group, criminals of war provide not only the legitimization of crimes against other nations/ethnic groups but also of crimes against (primarily political) opponents within their ethnic group. The main aim of this paper is to argue for research on the continuity of organised criminal activities before, during and after ethnic conflicts in the Former Yugoslavia. This kind of research is argued to be a promising tool for the assessment of links between war and organized crime victimization as a way of getting a more comprehensive picture of the recent past. Research findings may further be used as the basis for creating comprehensive regional security strategies. Moreover, although the focus of this paper is on organised crime committed during the wars on the territory of the former Yugoslavia, its analyses and conclusions may be applicable to other similar contexts, including contemporary armed conflicts in different parts of the world.
39
Lysenko, A. "MECHANISMS FOR ACHIEVING JUSTICE IN THE WAR AND POST-WAR PERIODS: INTERNATIONAL EXPERIENCE AND PROSPECTS FOR UKRAINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studie, no. 121 (2022): 54–57. http://dx.doi.org/10.17721/1728-2195/2022/2.121-9.
Abstract:
The paper addresses the content and legal nature of mechanisms for the administration of justice for war crimes, as well as crimes against humanity. The comparative method was extensively applied in the article. The paper uncovers the importance of the legal profession as one that needs to prove that justice is not something abstract, but rather an achievable thing; this contributes to the work's relevancy. The article also provides the lay persons, who are directly or indirectly influenced by military aggression with the simplified manner of the issue under investigation and attempts to assure that the administration of justice after the war is due to be performed. The article offers an overview of the existing legal acts of various countries worldwide applied to prosecute war crimes, as well as to prosecute perpetrators of crimes against humanity. A considerable notice is given to the ways of administering justice to foreign plaintiffs, foreign defendants, in cases when the crime committed and its prosecution are not within the jurisdiction of the state where the latter took place. The paper highlights the measures to be taken to prevent criminals from committing crimes on the territories, referring to state states with constant violation of fundamental human rights. Specific attention is awarded to the mechanism of filing the collective lawsuits as an effective tool for bringing the perpetrators to justice which is supported by the examples. Keywords: genocide, crimes against humanity, class action, Alien Tort Claims Act, Torture Victim Protection Act, war criminals.
40
Bill, Brian J. "THE RENDULIC ‘RULE’: MILITARY NECESSITY, COMMANDER'S KNOWLEDGE, AND METHODS OF WARFARE." Yearbook of International Humanitarian Law 12 (December 2009): 119–55. http://dx.doi.org/10.1017/s1389135909000051.
Abstract:
AbstractUnlike most other areas of international law which address only State responsibilities, the law of war assigns to individuals the responsibility to observe positive rules. The threat of being charged with a war crime, with all the attached opprobrium, is the chief means by which observance of the law of war is ensured. No one could rightly argue that war crimes prosecutions, even if they were always effectively prosecuted – and they are not – ensure perfect compliance with the law, but they are the best mechanism devised to date. Although war crimes trials has earlier antecedents, the prosecutions following World War II marked the beginning of the modern war crimes model.World War II prosecutions were notable for the scale of atrocities alleged in the various indictments. Once the crimes were defined, and the architecture put in place to establish the various tribunals, proof of wrongdoing was rarely in doubt. There were expected legal issues to be sure: claims ofex post factocrimes, immunities for acts of state, and the defense of superior orders, among many others; but in general prosecutors fully expected convictions across the board. And many convictions did result, though there were several exceptions that resulted in full or partial acquittals.
41
Bunga, Dewi, and Dewi Bunga. "TERMINOLOGI KEJAHATAN DALAM HUKUM PIDANA INTERNASIONAL." Jurnal Aktual Justice 3, no. 1 (June 20, 2018): 1–12. http://dx.doi.org/10.47329/aktualjustice.v3i1.440.
Abstract:
The globalization of crime incised a social reality where crimes can be committed across national borders and have an impact not only on the people of a country, but on the international community. Theoretically, there are several terms that are known to describe acts which are called crimes under international law, namely international crimes, transnational crimes, and national crimes with international dimensions. International crimes are crimes that threaten both directly and indirectly to international peace and security, affect many countries and have universal jurisdiction. The qualification of international crimes refers to crimes regulated in the Rome Statute of the International Criminal Court (Rome Statute circulated as document A / CONF.183 / 9 of 17 July 1998), namely crimes of genocide; crimes against humanity; war crimes; and crime of aggression. Transnational crimes are transnational crimes regulated in international conventions.
42
Bershov, Hennadii Yevhenovych, Oksana Anatolyevna Hrytenko, Vadym Heorhiiovych Khashev, and Mykhailo Ihorevych Fialka. "Assessing and Evaluating the General Legal Characteristics of War Crimes: A Basic Necessity or a Confused Platform." Ius Humani. Law Journal 11, no. 1 (February 21, 2022): 43–60. http://dx.doi.org/10.31207/ih.v11i1.295.
Abstract:
The general legal characteristics of war crimes allow to comprehensively study the indicated acts, to understand their essence, which in turn should facilitate and improve the quality of criminal qualification of criminal offenses against performing the established procedure of active service. The need to form general legal characteristics of war crimes is due to the fact that the sphere of public relations related to active service is intersectoral, since it is simultaneously regulated by the norms of various branches of law. The authors have found out the main features of war crimes and have carried out their characteristics by determining the specific features of their regulation both by criminal and other branches of law. The authors have provided an analytical basis for this in order to evaluate the provisions of regulatory legal acts regulating the procedure of active service and determine the main features of war crimes. The findings of the research was that war crimes infringe the statutory order of performing active service, and the subjects of such illegal acts are military personnel, persons liable to military duty and personnel with reserve obligations during the battle assembly. The general legal characteristics of war crimes is formed taking into account criminal and legal features of the specified criminal offenses and defines specific features of active service; the established procedure for performing active service; military personnel, persons liable to military duty and personnel with reserve obligations during the battle assembly as subjects of crime.
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Humbat Musayev, Erkin Humbat Musayev. "INTERNATIONAL CRIMINAL LAW AND AR (AZERBAIJAN REPUBLIC) LEGISLATION GENOCIDE CRIME AND ITS COMPARATIVE ANALYSIS WITH OTHER INTERNATIONAL CRIMES." SCIENTIFIC WORK 53, no. 04 (February 28, 2020): 48–52. http://dx.doi.org/10.36719/aem/2007-2020/53/48-52.
44
Salkiewicz-Munnerlyn, Ewa. "JURISDICTION OVER WAR CRIMES." MEST Journal 8, no. 1 (January 15, 2020): 101–10. http://dx.doi.org/10.12709/mest.08.08.01.12.
45
Stanton, John. "Canada and War Crimes." International Journal: Canada's Journal of Global Policy Analysis 55, no. 3 (September 2000): 376–400. http://dx.doi.org/10.1177/002070200005500303.
46
Tsabora, James. "Prosecuting Congolese War Crimes." Peace Review 23, no. 2 (April 2011): 161–69. http://dx.doi.org/10.1080/10402659.2011.571599.
47
Knightley, Phillip. "War crimes close up." British Journalism Review 20, no. 4 (December 2009): 91–92. http://dx.doi.org/10.1177/09564748090200041801.
48
Jack Geiger, H. "Balkan war crimes indictment." Lancet 347, no. 9002 (March 1996): 672. http://dx.doi.org/10.1016/s0140-6736(96)91211-8.
49
Richardson, A. T. "War Crimes Act 1991." Modern Law Review 55, no. 1 (January 1992): 73–87. http://dx.doi.org/10.1111/j.1468-2230.1992.tb01862.x.
50
Dian Laksmi Dewi, Cokorda Istri. "REGULASI PENDAFTARAN MEREK INTERNASIONAL DALAM UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS." Jurnal Aktual Justice 3, no. 1 (June 20, 2018): 68–77. http://dx.doi.org/10.47329/aktualjustice.v3i1.455.
Abstract:
The globalization of crime incised a social reality where crimes can be committed across national borders and have an impact not only on the people of a country, but on the international community. Theoretically, there are several terms that are known to describe acts which are called crimes under international law, namely international crimes, transnational crimes, and national crimes with international dimensions. International crimes are crimes that threaten both directly and indirectly to international peace and security, affect many countries and have universal jurisdiction. The qualification of international crimes refers to crimes regulated in the Rome Statute of the International Criminal Court (Rome Statute circulated as document A / CONF.183 / 9 of 17 July 1998), namely crimes of genocide; crimes against humanity; war crimes; and crime of aggression. Transnational crimes are transnational crimes regulated in international conventions.