Journal articles on the topic 'Military orders (Criminal law)'
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1
Solovyev, Oleg G., and Inga V. Pantyukhina. "Topical issues of criminal law regulation in the sphere of economic activity (Chapter 22 of the Criminal Code of the Russian Federation): reflections on the background of a special military operation." Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 17, no. 2 (June 19, 2023): 258. http://dx.doi.org/10.18255/1996-5648-2023-2-258-265.
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The article analyzes the principles, grounds and features of the regulation of criminal liability for certain crimes in the field of economic activity in the conditions of a special military operation. The authors, in general, consider novelties of criminal legislation for the last year - in the period from February 24, 2022 to February 24, 2023. In many respects, the noted changes relate to issues of criminal law protection of military, public and state security, ensuring the effective implementation of state defense orders, saving military property, carrying out military and guard duty. It is noted that in some cases, a hasty criminal-legal response to the appearance and expansion of negative manifestations in the conditions of a special military operation leads to failures and contradictions in regulatory design and to further difficulties in law enforcement practice. It is pointed out that it is necessary to improve military and defense legislation.
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Hadi Syahputra, Eko. "Criminal Law Policy On The Crime Of Desertion Performed By Members Of The Indonesian National Army." International Journal of Educational Research & Social Sciences 3, no. 4 (September 1, 2022): 1459–72. http://dx.doi.org/10.51601/ijersc.v3i4.448.
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An absolute requirement in military life is to comply with TNI regulations and official orders from each superior in order to uphold a life in the military that is full of high awareness. If these things are violated (desertion), it will only shake the joints of discipline and order in the TNI. The formulation of the problems in this study are: 1) What is the criminal law policy on desertion crimes committed by members of the Indonesian National Armed Forces? 2) What are the obstacles to criminal law policies against desertion crimes committed by members of the Indonesian National Armed Forces and what are the solutions. The author uses a normative juridical approach. The sociological juridical approach emphasizes research that aims to obtain legal knowledge empirically by going directly to the object related to this research. The results of this study are: 1) The criminal law policy against the criminal act of desertion in Indonesian military law is clearly regulated in Article 87 of the Criminal Procedure Code and the punishment for members who become the perpetrators of desertion is regulated in Article 88 of the Criminal Procedure Code. The application of military law against the perpetrators of the crime of desertion as a Military Member (TNI) carries a heavier penalty than the threat of punishment found in the general public, because the military is not only armed to maintain security but must be disciplined, instead of using desertion. Desertion in this case is absence without permission, intentionally for 30 consecutive days. 2) Obstacles in the implementation of military law against members of the Indonesian National Armed Forces (TNI) who commit the criminal act of desertion in general because the investigations carried out by Military Police investigators still often do not meet the formal and material requirements.
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Ryan Maulana and Sutrisno. "DENGAN SENGAJA TIDAK TAAT PERINTAH ATASAN OLEH PRAJURIT TNI." Reformasi Hukum Trisakti 5, no. 1 (February 1, 2023): 235–46. http://dx.doi.org/10.25105/refor.v5i1.15296.
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Giyanto committed the crime by willfully disobeying orders from superiors, and the issue at hand is whether the perpetrator's actions here complied with the law as set forth in the Book of Law 39 of 1997 concerning Military Criminal Law (KUHPM), as well as whether the judge's decision to impose a 6-month sentence plus an additional sentence was proper. This study use normative research methodologies, analyzes qualitative data, uses secondary data, and uses deductive reasoning to reach findings. The findings of the study and the discussion demonstrate that Giyanto is mindful of his decision to disobey or arbitrarily deviate from a superior's order. It follows that his activities satisfied the requirements for a crime as defined in Article 103(1) of the Military Criminal Code.
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Kvasha, Oksana, and Anna Andrusiak. "Criminal liability of commanders for giving criminal orders on violation of laws and customs of war in the context of Russia's war against Ukraine." Slovo of the National School of Judges of Ukraine, no. 3(44) (December 21, 2023): 110–25. http://dx.doi.org/10.37566/2707-6849-2023-3(44)-10.
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The article examines the issue of criminal liability for commanders' orders to violate the laws and customs of war in the context of Russia's war against Ukraine. The author establishes that criminal liability in this case is based on the command responsibility concept of the sources of international humanitarian law. It is proposed that Article 438 (1) of the Criminal Code of Ukraine should provide for liability not only for giving an order or instruction to violate the laws or customs of war, but also for the failure of a superior who became aware of such violations by his subordinates to take measures to stop them and to notify the competent authorities of the crime. Courts in their verdicts against commanders of the armed forces of the Russian Federation, when qualifying under Article 438 of the Criminal Code of Ukraine, usually do not incriminate such an act as giving an order, but rather impute a specific violation of the laws and customs of war committed by his subordinates. When qualifying the actions of commanders and subordinates, the qualification formula usually refers to Article 28 (2) of the of the Criminal Code of Ukraine. However, many verdicts do not contain such a reference. The proposal to recognize the state-political and military entities of the Russian Federation as criminal organizations was supported. The author notes the formation of a legal axiom in judicial practice of unconditional criminal liability for all military personnel of the armed forces of the Russian Federation who, as part of a criminal organization, commit violations of the laws and customs of war on the territory of Ukraine. Within this axiom, an irrefutable legal presumption is distinguished: all military personnel of the armed forces of the Russian Federation are aware and familiar with the laws and customs of war, which they violated on the territory of Ukraine, executing criminal orders of the military and political leadership of the aggressor state, and therefore, consideration of the actions of these military personnel through the prism of the existence of a factual circumstance that excludes the criminal unlawfulness of an act, such as the execution of an order or instruction, is inadmissible, which is in line with the standards of international humanitarian law. Key words: execution of an order or instruction, circumstance excluding criminal unlawfulness of an act, violation of the laws and customs of war, complicity, criminal organization, crime, criminal liability, qualification, court practice.
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Mulyadi, Hendra. "PENERAPAN ASAS KEPENTINGAN MILITER DAN PEMBERHENTIAN DENGAN TIDAK HORMAT TERHADAP PRAJURIT YANG TERLIBAT TINDAK PIDANA NARKOTIKA PADA PENGADILAN MILITER I-03/PADANG." JCH (Jurnal Cendekia Hukum) 4, no. 2 (March 28, 2019): 264. http://dx.doi.org/10.33760/jch.v4i2.102.
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Former TNI Commander Gen. Gatot Nurmantio to clean up the Indonesian National Army Institution from the Narcotics influence has issued instructions and orders to his ranks, efforts to overcome the problem of narcotics are not separated from the Principles of Military Interest. The principle of military interests means that in carrying out state defense and security, military interests are prioritized more than the interests of groups and individuals. It means that in the judicial process, military interests are always balanced with legal interests, in enforcing the law, military interests must not be ignored. Law enforcers within the TNI in carrying out legal proceedings against narcotics abusers should not only see their legal interests, military interests but also must be seriously considered. Military Judges who will decide on Narcotics cases should not only see the problem from the law. The dismissal of soldiers who are perpetrators of narcotics abusers is very reasonable because from a medical point of view, someone who has consumed drugs is not ready to use, they will experience brain tissue damage, nerve cells and memory loss so that their physical condition is not prime anymore and will not be able to carry out basic tasks to the fullest. This writing aims at 1. To find out how the implementation / application of the principle of military interest in dismissal is disrespectful to the soldiers involved in narcotics crime 2. To find out how the judges' legal considerations apply the principle of military interest in dismissal with disrespect to the involved soldiers criminal narcotics, military court I-03 / Padang in practice has applied the principle of military interest in the consideration of penalties especially in narcotics criminal cases in its legal area both as a user and as a narcotics dealer, but has not been followed by orders to convicts to carry out medical rehabilitation.
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Knoll, Vilém, and Tomáš Pezl. "Continuity and Discontinuity of Czechoslovak Interwar Law. Basic Introduction of the Topic with an Example of Criminal Law." Krakowskie Studia z Historii Państwa i Prawa 15, no. 2 (June 30, 2022): 179–201. http://dx.doi.org/10.4467/20844131ks.22.013.15716.
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The paper deals with the development of law in Czechoslovakia from its inception to the existence of the so-called First Republic, focusing in particular on the development of criminal law. The primary question addressed in the paper is whether there is legal continuity with the previous Austro-Hungarian legal system. Given that there were several legal orders in force in the aftermath of the establishment of Czechoslovakia, the next necessary question is how this situation was addressed. The paper presents examples from selected areas of criminal law, such as juvenile justice, national security laws, or military criminal norms, and intends to document the main legislative trends, namely the introduction of completely new legal regulations, the adoption of the original Austrian regulation and its nationwide application, or, last but not least, the adoption of both Austrian and Hungarian regulations with their simultaneous application. The codification attempts in the Criminal Code, which were not completed in the relevant period, have not been overlooked.
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Harust, Y. V., and T. V. Tereshchenko. "Normative and legal regulation of the military sphere in Ukraine." Legal horizons, no. 24 (2020): 64–71. http://dx.doi.org/10.21272/legalhorizons.2020.i24.p64.
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This article is devoted to the study of the current state and trends in the legal regulation of the military sphere in Ukraine. In the process of studying the legal regulation of the military sphere in Ukraine, the authors revealed the concept, essence, legal regulation and areas for improvement of this area. The authors divided the legal regulation of the military sphere in Ukraine into 5 different groups, to which they referred: constitutional regulation (Constitution of Ukraine); codes of Ukraine (Water Code of Ukraine, Forest Code of Ukraine, Air Code of Ukraine and others); other special laws that regulate certain areas of military activity (Law of Ukraine "On Military Duty and Military Service"); bylaws: orders, resolutions, orders of central and local authorities (President of Ukraine, Cabinet of Ministers of Ukraine (CMU - hereinafter), Ministry of Defense of Ukraine, Security Service of Ukraine (SBU - hereinafter), etc.); international regulations in the military sphere, which were ratified by Ukraine. The authors also mentioned criminal and administrative liability in the military sphere and supported it by the norms of the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses. Yes, they attributed to criminal offenses: disobedience, non-compliance with the order; resistance to the chief or forcing him to breach official duties; threat or violence against the boss; desertion, etc. To administrative offenses: refusal to comply with the lawful requirements of the commander; unauthorized leaving of a military unit or place of service; abuse of power or official position by a military official; careless attitude to military service and more. According to the study, an analysis of court decisions regarding prosecution for war crimes was conducted. A number of scientific researches in the field of administrative law were analyzed. Directions for improving the current legislation in the field of legal regulation of the military sphere were adopted and developed on the basis of a careful analysis of the legislation of the European Union.
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Sailellah, Aswin Nugraha. "Application of Military Law Against TNI Members Who Commit Desertion Crimes." Jurnal Hukum Volkgeist 5, no. 2 (June 23, 2021): 115–29. http://dx.doi.org/10.35326/volkgeist.v5i2.846.
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This study aims to: 1) To analyze the application of military criminal law against members of the TNI perpetrators of desertion crimes; 2) To analyze the constraints in the enforcement of miiliter criminal law against members of the TNI perpetrators of desertion crimes. This study uses normative-empirical legal research, while the data analysis used is qualitative approach to primary data and secondary data. where in analyzing / processing data first held organizing of primary data obtained through related legislation and literature. Then the collected data is then discussed, compiled, elaborated, and interpreted, and reviewed the problem so that a conclusion is obtained as a problem solving effort. The results showed that the application of military criminal law against members of the TNI who were proven to commit desertion crimes is the authority of the military judiciary to prosecute him, then the stages in the form of investigations conducted by the Military Police on the orders of the Superior Who Has the Right to Punish (Ankum). furthermore, the investigation file is given to the Military Oditur to be studied, then the military oditur makes an indictment to be delegated to the Military Judiciary, after the judiciary feels sufficient with the files of the Military Oditur, then the military judiciary will prosecute members of the military who are accused of desertion. Furthermore, constraints in law enforcement related to desertion crimes are reviewed from 4 interrelated aspects, namely with regard to legal subtansi, the legal structure itself, facilities or infrastructure, and the community. The settlement of cases in the military judiciary at this time has been well arranged, but it is expected that all who play a role in the process of resolving military cases do all these stages based on Justice and Positive Law. The application of existing regulations must be done consistently and always conducted a review of desertion cases so that from these obstacles can be found solutions and solutions to reduce the quantity of desertion crimes.
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LaViolette, Nicole. "Commanding Rape: Sexual Violence, Command Responsibility, and the Prosecution of Superiors by the International Criminal Tribunals for the Former Yugoslavia and Rwanda." Canadian Yearbook of international Law/Annuaire canadien de droit international 36 (1999): 93–149. http://dx.doi.org/10.1017/s0069005800006895.
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SummaryEvidence indicates that individuals responsible for mass rapes in the former Yugoslavia and Rwanda were acting on orders from their superiors. The international criminal tribunals for the former Yugoslavia and for Rwanda have indicated their intention to prosecute individuals responsible for sexual violence and their superiors. The prosecution of superiors rests on the doctrine of command responsibility — a doctrine Well-established in international criminal law. This article presents the difficulties that arise in applying the doctrine of command responsibility to cases of wartime sexual assaults. Relying on a feminist analysis of international humanitarian law, the author identifies the imbalance that exists between the principle of military necessity and the principle of humanitarianism — an imbalance that makes rape the least condemned and punished of war crimes. In the absence of traditional military command structures, as was the case in Bosnia and Rwanda, a superior is well-placed to deny his authority over those who committed wartime rapes. Despite this challenge, the author asserts that the Tribunal for the former Yugoslavia, in theCelebicicase, developed a realistic approach to the doctrine of command responsibility and reasonably concluded that a camp commander was criminally responsible for rapes committed by his subordinates.
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Penny, Christopher K. "Obeying Restraints: Applying the Plea of Superior Orders to Military Defendants before the International Criminal Court." Canadian Yearbook of international Law/Annuaire canadien de droit international 48 (2011): 3–38. http://dx.doi.org/10.1017/s0069005800010079.
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SummaryThis article addresses the content and ramifications of the unique plea of superior orders, illustrating the complexities of absolving wartime behaviour on this basis as well as the legitimate rationale for doing so in certain cases. The article discusses the general legal obligation for soldiers to obey commands; outlines the historical development and legal content of the corresponding plea of superior orders, including its incorporation into the Rome Statute of the International Criminal Court (ICC); and assesses the potential future application by the ICC of this specialized “mistake of law” doctrine. The author argues that in light of its moral and practical ramifications it should be considered by the court as both a full defence and a factor in mitigation of sentence, in a manner conceptually distinct from duress. However, the author cautions that the ICC must be careful to encourage, rather than discourage, individual moral autonomy, to the extent possible. A full defence should remain open to soldiers only when they have acted under a reasonable albeit mistaken belief in the legality of their orders. Especially on the modern battlefield, soldiers must continue to act and be judged as “reasoning agents” and not as mere automatons.
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Mulyadi, Mulyadi, Thurva Naziha Visar, Habibie Rahman Sinaga, and Baeyhaki Ekaputra Hamidi. "Tindak Pidana Penyalahgunaan Narkotika Jenis Psikotropika yang Dilakukan Anggota TNI (Putusan No.80-K/PM I-02/AD/VII/2018)." Al-Adl : Jurnal Hukum 15, no. 2 (July 20, 2023): 327. http://dx.doi.org/10.31602/al-adl.v15i2.9572.
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The Indonesian National Armed Forces (TNI) is part of society and protectors specially prepared to carry out the duties and defense of the country. In addition, the Indonesian National Army (TNI) is limited by laws and military regulations, so all actions undertaken must be based on applicable laws and regulations. To carry out specific duties and obligations, the Indonesian National Army (TNI) is educated and trained to comply with orders or decisions and carry them out appropriately and efficiently. The increase in the illicit circulation of narcotics in the territory of Indonesia is due to the lack of strictness or the lightness of the punishments imposed on dealers and users or the development of narcotics abuse and illicit trafficking not only in the general public but also in the military community, both as manufacturers, dealers and users. The illicit circulation of narcotics within the military is currently very concerning for the discipline and future of the Indonesian National Armed Forces (TNI) because it will lead to dependence on its users and hinder the implementation of its primary duties, damage the physical and mental health of military members who use narcotics, and the Criminal Code will be enforced. The Military Criminal Law, especially regarding the imposition of a sentence, but if the act is not regulated in the Criminal Procedure Code, another law that regulates it will apply. This study aims to find out the factors that cause narcotics abuse by military members and to analyze the judge's decision regarding the criminal act of narcotics abuse by members of the TNI. This study uses a normative juridical approach and is descriptive by using legal sources in the form of secondary data, in this case, bibliographical data. Data collection techniques are carried out using decision studies and searches of related documents, laws, literature, etc. The study results showed that the Military Prosecutor in the trial brought the defendant along with his identity data, and the defendant confirmed that the identity was his so that there was no wrong subject.
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Wallace, Simon. "The New Canadian Law of Refugee Exclusion: An Empirical Analysis of International Criminal Law Deportation Orders, January 2018 to July 2020." International Criminal Law Review 22, no. 4 (June 9, 2022): 721–50. http://dx.doi.org/10.1163/15718123-bja10136.
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Abstract Perpetrators of war crimes and crimes against humanity, and senior officials in notorious government regimes, can be deported from Canada. This study reports on the first complete and systematic empirical analysis of all finalized international criminality deportation cases in Canada. The analysis, a review of deportation cases finalized between January 2018 and July 2020, shows that Canada is using deportation law in place of, and instead of, refugee exclusion law. This means that scholars interested in Canadian refugee exclusion should play close attention to deportation law. This study also found that international criminality allegations were usually made against people for their involvement in problematic police, prison, or military institutions. Most international criminality deportation investigations were minimal and revolved almost entirely around a person’s self-disclosures. This article concludes with a discussion about how deportation law and process makes international criminal law unique in the deportation context.
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Boutlas, George. "Führerprinzip or 'I Was Following Orders' in Jus in Bello Era." Conatus 8, no. 2 (December 31, 2023): 77–93. http://dx.doi.org/10.12681/cjp.35677.
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In June of 1945, the International Military Tribunal (ITM) formed in London, faced the problem of a non-yet existing legal armor for the Nazi crimes. Two new rules were widely accepted there. First, a new category of war crimes, the “crimes against humanity” was legally defined. Second, the ex-ante rejection of the defense line “I was following orders” or Führerprinzip (the principle of the duty to obey every order given by the military leader). In the first part of this paper, I will present in brief, the historical and legal context of the rejection of Führerprinzip as a defense line of the Nazi defendants in Nuremberg trials as also in Eichmann’s trial in Jerusalem, where the same legal context was enacted. Next, I will expose a short history of conscientious objection in war ethics and the International Law on Human Rights that supports it. This exposition reveals that objection to criminal orders has the status not only of a right, but also of a duty for the soldiers on either side of the war. In the third part, the Rawlsian view on conscientious objector will be exposed as the meeting point of a broadly Kantian conception of war ethics and the existing International Law frame. In the final part I will present some philosophical aspects of jus in bello theory, as also the critique of its importance, and its contribution to the reification of the moral importance of conscientious objection in wartime and the rejection of Führerprinzip.
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Liashenko, R. D. "System of sources of military law of Ukraine." TRANSFORMATION LEGISLATION OF UKRAINE IN MODERN CONDITIONS DOCTRINAL APPROACHES AND MEASUREMENTS, no. 14 (September 1, 2023): 254–58. http://dx.doi.org/10.33663/2524-017x-2023-14-254-258.
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The article analyzed the system of sources of military law of Ukraine and clarified the place of judicial practice in this system. It is proposed to refer to the sources of military law of Ukraine: Constitution of Ukraine; international agreements to which Ukraine is a party; acts of military legislation; orders of heads of military administrations; acts of military command. The latest trend in the understanding of the system of sources of military law of Ukraine is the recognition of judicial practice as a form of external expression of the norms of this field of public law. In modern conditions, it is judicial practice that plays an important role in the formation of military law. In the process of consideration of military disputes, new questions and problems arise that need to be resolved, so courts make decisions that shape judicial practice in military cases. Case law may later be incorporated into military legislation. In addition, judicial practice contributes to the protection of the rights and interests of military personnel, the resolution of conflict situations, and ensures compliance with military discipline. Currently, the courts have considered a large number of cases related to the appeal of conclusions of military medical commissions, dismissal from military service, issues of mobilization, criminal and administrative liability of conscripts, reservists and military personnel. Consideration of such cases by the courts is aimed at ensuring compliance with military legislation and the rules of military service, implementation of the principle of equality of all before the law, and prevention of corruption offenses and abuses in the military environment. Among the problematic issues that are relevant in modern conditions and are resolved in court are: establishing the fact of the death of a serviceman, payment of monetary assistance to the families of deceased servicemen, release from military service of prisoners of war, social protection of servicemen and their family members, etc. Domestic courts are working to improve and unify judicial practice in cases of war and war crimes, crimes against humanity, and apply the practice of the European Court of Human Rights during judicial proceedings. In the conditions of legislative uncertainty, judicial practice acts as a factor in increasing the stability and stability of the state, because it reflects the trust of citizens in justice and state institutions. Judicial practice in modern realities is aimed at protecting the rights and interests of military personnel, observing the legal order and military discipline, and contributes to the resolution of conflict situations. Judicial practice is constantly developing and improving in accordance with the changes taking place in social and state life. Key words: state of martial law, military law, sources of military law, military legislation, judicial practice, military disputes.
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Czech-Jezierska, Bożena. "Two Polish Romanists’ Voices on the Subject of Law in Times of War." Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius) 70, no. 3 (January 11, 2023): 135–48. http://dx.doi.org/10.17951/g.2023.70.3.135-148.
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Roman law scholars seldom leave the subject of their field of interest for contemporary law research studies, especially not for criminal law. Exceptional were views on law in times of World War II expressed by two famous Polish Romanists. The first of them was Rafał Taubenschlag – a famous Polish Romanist and papyrologist who lived in New York over the period 1940–1947. He published there in 1945 a paper Plea of Superior Order. Taubenschlag in his paper argued that the members of the German army could by no means plead obedience to superior orders as justification for their participation in the massacre of unoffending civilians, in the exercise of inhuman cruelties such as torturing and slaughtering of women and children, on the grounds that they regarded those orders as legal and that their superiors did not intend to commit a crime by these acts. They were not bound to obey such orders – he emphasized, and if they did, they did so at their own risk and must be held responsible, as such outrageous acts could not be considered as falling under the heading of military duty. Taubenschlag’s argumentation was used in the Nuremberg trials by Robert H. Jackson – the Chief United States Prosecutor at the International War Crimes Tribunal in Nuremberg. The other Polish Romanist was Kazimierz Kolańczyk from the University of Poznań, who published, due to his activity in the Institute for Western Affairs in Poznań, a paper German Legislation as a Crime Weapon. In this paper, based on numerous examples, he emphasized that German legislation imposed on Polish territories during World War II was not a manifestation of law but lawlessness and injustice.
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McCoubrey, Hilaire. "From Nuremberg to Rome: Restoring the Defence of Superior Orders." International and Comparative Law Quarterly 50, no. 2 (April 2001): 386–94. http://dx.doi.org/10.1093/iclq/50.2.386.
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A plea of superior orders in response to charges founded upon violations of the international laws of armed conflict has since 1945 been treated as a plea in mitigation of sentence rather than as a defence, a position founded upon article 8 of the 1945 Charter of the International Military Tribunal at Nuremberg. In 1998 the draft Statute of the proposed permanent International Criminal Court appeared, by article 33, to “restore” superior orders as a defence, a move deprecated by some as an apparent softening of the international legal approach to war crimes in an age in which such violations are all too prominently before the world's scrutiny. In fact both the formerly received “Nuremberg” doctrine and the appearance of a radical change, or reversion, in the 1998 Statute can be argued to be erroneous. It is the contention of this paper that far from advancing a new and stricter doctrine, the Charter of the IMT at Nuremberg correctly applied pre-existing doctrine in extreme and unusual circumstances but was mistakenly taken to have developed a new approach which was then applied with potentially distorting effect for the generality of circumstances. In this view the 1998 Statute has merely recognised the essential doctrine of superior orders as it existed prior to 1945 and which, properly understood, should not have been thought essentially to have been changed even in 1945.
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Garraway, Charles. "Superior orders and the International Criminal Court: Justice delivered or justice denied." International Review of the Red Cross 81, no. 836 (December 1999): 785–94. http://dx.doi.org/10.1017/s1560775500103712.
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Résumé Sous le titre «Ordre hiérarchique et ordre de la loi», l'article 33 du Statut de la Cour pénale internationale règle la réponse à donner à celui qui, ayant commis un aime de guene, invoque un ordre de son supérieur comme défense: «1. Le fait qu'un crime relevant de la compétence de la Cour a été commis sur ordre d'un gouvernement ou d'un supérieur, militaire ou civil, n'exonère pas la personne qui l'a commis de sa responsabilité pénale, à moins que: a) Cette personne n'ait eu l'obligation légale d'obéir aux ordres du gouvernement ou du supérieur en question; b) Cette personne n'ait pas su que l'ordre était illégal; et c) L'ordre n'ait pas été manifestement illégal.» 2. Aux fins du présent article, l'ordre de commettre un génocide ou un crime contre l'humanité est manifestement illégal.» L'auteurfait la démonstration que la solution du Statut de Rome est tout à fait compatible avec le droit international en vigueur et, notamment, avec la jurisprudence établie par le Tribunal de Nuremberg. Après avoir examiné le développement de la notion à travers l'histoire, l'article étudie de plus près les débats qui ont abouti à l'adoption de l'article 33 du Statut tel qu'il se présente aujourd'hui. De l'avis de l'auteur, cette solution est suffisamment restrictive pour permettre au juge de trancher d'une maniere qui sera perçue comme juste et équitable.
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Kaplina, Oksana. "PRISONER OF WAR: SPECIAL STATUS IN THE CRIMINAL PROCEEDINGS OF UKRAINE AND THE RIGHT TO EXCHANGE." Access to Justice in Eastern Europe 5, no. 4-2 (December 13, 2022): 8–24. http://dx.doi.org/10.33327/ajee-18-5.4-a000438.
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Background. This article is devoted to the relevant issue of the creation of appropriate normative regulation of criminal prosecution of prisoners of war who were captured during the armed conflict in Ukraine and their exchange. Despite the positive dynamics of destabilisation processes taking place all over the world, and in some places connected with the outbreak of military conflicts of an international nature, insufficient attention is paid to the issue of legitimising the process of exchange of prisoners of war in national legal systems. Methods: The problem is complicated by the need to coordinate national legal mechanisms with the norms of international humanitarian and human rights laws, which cannot be competitive, but instead should have an integrative effect on national legal systems. Relying on the norms of international humanitarian law, the author concludes that prisoners of war, as legal participants in an armed conflict, due to the immunity (privilege) of the combatant, do not bear individual responsibility for the initiation of an aggressive war or participation in it and must be repatriated after its end, with the exception of cases where they committed so-called ‘general criminal’ crimes or violated the laws and customs of war. Moreover, the author’s position is illustrated by a concrete practical example of the first sentence of the Ukrainian court against a combatant. Given that until July 2022, the Ukrainian criminal procedural law lacked a proper mechanism aimed at the exchange of prisoners of war, it is quite logical to direct the legal policy of the state to the development of the relevant procedural legislation. Results: Considering the significant dangerous challenges that Ukraine has faced, and the amendment of the legislation, the author refer to the analysis of the factors that determined the special normative regulation of the procedural order of prisoners of war; analyse the criminal procedural status of the suspect-prisoner of war; and point to the differentiation of the procedural orders of such an exchange, the key criterion for the division of which is the procedural status of the person. Using the example of the first sentence in Ukraine to a Russian prisoner of war and relying on the norms of international humanitarian and national law, the author illustrate the specifics of the criminal liability of combatants. Evaluating the procedure of exchange of prisoners of war and criminal proceedings in absentia which were positively introduced in the legislation of Ukraine, it was concluded that the exchange is not an act of forgiveness, but an opportunity to return Ukrainian citizens, which is of the utmost importance in the hierarchy of values for the state.
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Yury, Belonogov. "Implementation of the Supreme Soviet Presidium Decree of June 26, 1940 in July ‒ December 1941 (on the Materials of Perm Region)." TECHNOLOGOS, no. 3 (2020): 5–21. http://dx.doi.org/10.15593/perm.kipf/2020.3.01.
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It is considered the law enforcement practice of implementing the Decree of 26 June 1940 before the adoption of the Decree of 26 December 1941, which increased the criminal penalty for desertion from the labour front. On the basis of statistics on the number of convicted and excluded from the party for violations of labour discipline the author points out the refusal of the party-State authorities to continue the unsystematic punitive policy. This refusal was manifested in the purposeful division of violators of labour discipline into "malicious" and "accidental," in the rules on prevention of illegal cases of criminal prosecution, in some reduction of the number of persons brought to criminal and party disciplinary responsibility, in the general easing and revision of severe penalties. This was due to the high level of social tension caused by the previous course of strengthening punitive policy in the field of labour legal relations and the updated failed outbreak of war. However, during the first six months of the war the number and social composition of rear workers begins to change significantly: in conditions of acute shortage of personnel, the share of low-skilled labor force in the person of graduates of schools of factory training and craft schools mobilized from rural areas by collective farmers, labor workers and prisoners increases. These changes took place in the context of the restructuring of the economy into "military tracks," which was accompanied by the disruption of economic ties between enterprises and the disruption of the supply of raw materials, the downtime of production and the failure to carry out increasing defense tasks, and a significant decrease in the standard of living of workers. This became a socio-economic prerequisite for a rather critical level of negative labour deviations which called into question the performance of defense orders by military industry enterprises. In turn, this circumstance has led to a significant increase in criminal penalties for unauthorized abandonment of the place of work.
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Mbotengu, Noris, Yulia A. Hasan, and Basri Oner. "PENEGAKAN HUKUM TERHADAP ANGGOTA TNI - AD YANG MELAKUKAKAN DISERSI DI KODAM XIV/HASANUDDIN." Indonesian Journal of Legality of Law 6, no. 1 (December 5, 2023): 74–77. http://dx.doi.org/10.35965/ijlf.v6i1.3836.
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Penelitian bertujuan untuk mengetahui penyebab Desersi di wiliayah Kodam XIV/Hsn, dan langkah-langkah penanganan terhadap pelaku Desersi di wiliayah Kodam XIV/Hsn, dengan metode menggunakan penelitian hukum normatif-empiris, adapun analisa data yang dipergunakan adalah pendekatan kualitatif data primer dan data sekunder. Pengolahan data terlebih dahulu diadakan pengorganisasian terhadap data primer yang diperoleh melalui perundang-undangan terkait dan kepustakaan. Data yang terkumpul selanjutnya dibahas, disusun, diuraikan, dan ditafsirkan, serta dikaji permasalahan sehingga diperoleh suatu kesimpulan sebagai upaya pemecahan masalah. Adapun Hasil penelitian bahwa Penerapan hukum pidana militer terhadap anggota TNI yang terbukti melakukan desersi merupakan wewenang dari peradilan militer untuk mengadilinya, kemudian tahapan-tahapannya berupa penyelidikan yang dilakukan oleh Polisi Militer atas perintah dari Atasan Yang Berhak Menghukum (Ankum). selanjutnya berkas penyelidikan diberikan kepada Oditur Militer untuk dipelajari, maka oditur militer membuat surat dakwaan untuk dilimpahkan ke Pengadilan Militer, setelah peradilan merasa cukup dengan berkas dari Oditur Militer, maka peradilan militer akan mengadili anggota militer yang didakwakan melakukan desersi. Penyelesaian perkara dalam peradilan militer pada saat ini telah di atur dengan baiknya, akan tetapi diharapkan semua yang berperan dalam proses penyelesaian perkara militer melakukan semua tahapan tersebut dengan berasaskan Keadilan dan Hukum Positif. Penerapan peraturan yang ada harus dilakukan secara konsisten dan selalu diadakan pengkajian terhadap perkara-perkara desersi agar dari hambatan tersebut dapat dicari solusi dan jalan keluar untuk mengurangi kuantitas tindak pidana desersi. This research aims to determine: 1) the factors causing the crime of desertion in the area of Kodam XIV/Hsn. 2) What are the steps for dealing with perpetrators of the crime of desertion in the area of Kodam XIV/Hsn.This research uses normative-empirical legal research, while the data analysis used is a qualitative approach to primary and secondary data. where in analyzing/processing data, primary data obtained through relevant legislation and literature is first organized. Then the collected data is then discussed, compiled, described and interpreted, and the problem is studied so that a conclusion is obtained as a problem solving effort.The results of the research show that the application of military criminal law to members of the TNI who are proven to have committed the crime of desertion is within the authority of the military court to try them, then the stages take the form of an investigation carried out by the Military Police on orders from superiors who have the right to punish (Ankum). then the investigation files are given to the Military Prosecutor for study, then the military prosecutor makes an indictment to be handed over to the Military Court, after the judiciary is satisfied with the files from the Military Prosecutor, then the military court will try the military member accused of desertion. Settlement of cases in military justice is currently well regulated, but it is hoped that all those who play a role in the process of resolving military cases carry out all these stages based on Justice and Positive Law. The application of existing regulations must be carried out consistently and studies of desertion cases must always be carried out so that solutions and solutions can be found from these obstacles to reduce the quantity of criminal acts of desertion.
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Kim, Byung-Kook. "The U.S.–South Korean Alliance: Anti-American Challenges." Journal of East Asian Studies 3, no. 2 (August 2003): 225–58. http://dx.doi.org/10.1017/s1598240800001351.
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December 2002 shook up South Korea's conservative establishment and its U.S. ally. Five days before the South Korean presidential election, with a quarter of the electorate still remaining undecided, leaders of nongovernmental organizations (NGOs) and religious activists staged a massive candlelight vigil in front of Seoul's city hall to protest against “unequal” provisions in South Korea's Status of Forces Agreement (SOFA) with its U.S. ally. The political rally drew some 40,000 protestors from all walks of life. Moreover, it was only one among many climaxes in a long mobilization drive launched by NGOs and “netizens” since June, when a U.S. armored vehicle driven by Sergeant Fernando Nino and Mark Walker ran over two teenage girls during a military exercise in Hyochonli. That month saw some thirty NGOs establish a national umbrella organization to demand the trial of Nino and Walker under South Korean law. Then, in December, the Catholic, Buddhist, and Protestant religious orders joined in to lend their authority to the protestors by collectively calling for the revision of SOFA to give South Korea “primary jurisdiction” over criminal cases. The radicalhanchongryonuniversity students, too, showed up in protest sites to stir up and escalate anti-American sentiments, regularly raiding U.S. military bases in Uijongbu and Yongsan and even breaking into the U.S. Embassy compound in November. But unlike the past, this intrusion of radicalhanchongryonactivists did not drive away presumably conservative middle-class groups from political rallies. On the contrary, the call for a SOFA revision grew louder after the U.S. military court judged Nino and Walker not guilty of negligent homicide.
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Abel, Richard L. "The Fate of Liberal Democracy under Donald Trump." Verfassung in Recht und Übersee 55, no. 4 (2022): 505–27. http://dx.doi.org/10.5771/0506-7286-2022-4-505.
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The Trump administration directly attacked and indirectly subverted liberal democracy in many ways. This article describes several pivotal attacks and evaluates the efficacy of efforts to defend liberal democracy. It begins by analyzing how the administration continued to wage the US “war on terror,” contrasting its behavior with that of the Bush and Obama administrations with respect to indefinite detention in Guantánamo Bay, torture, electronic surveillance, civilian casualties, criminal prosecutions for terrorism, courts martial, military commissions, habeas corpus petitions, and civil liberties. Judicial decisions in civil liberties cases correlated significantly with the party of the appointing president in all three administrations, most strongly among those by Trump appointees. I then turn to two of Trump’s central preoccupations: immigration and the Russia investigation. Having based his 2016 campaign on demonizing immigrants, President Trump sought to execute his threats through executive orders and other actions. Almost all were struck down by courts in cases where judges divided along political lines, most dramatically in the Supreme Court. Frustrated by his inability to block the Mueller investigation into Russian interference in the 2016 election, Trump sought to intervene in the prosecutions of his underlings that emerged from that inquiry. He attacked the FBI, appointed a compliant Attorney General (who substituted his subordinates for independent prosecutors, changed sentencing recommendations and withdrew successful prosecutions), dangled the prospect of pardons to ensure the silence of the accused, and granted them after conviction. The central lesson of this appalling era of American history is that law is inescapably political. Where politicians appoint judges and government lawyers, the defense of liberal democracy ultimately rests on the ballot box.
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Долинко, Василий Иванович. "Criminal law counteraction to violations in the field of municipal or state procurement of goods, services and works." Вестник Московской академии Следственного комитета Российской Федерации, no. 1(31) (March 25, 2022): 69–75. http://dx.doi.org/10.54217/2588-0136.2022.31.1.009.
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В статье рассматриваются довольно актуальные в настоящий период времени вопросы качественного и эффективного уголовно-правового противодействия злоупотреблениям и нарушениям в важнейшей для нашего государства сфере государственных или муниципальных закупок товаров, услуг и работ для муниципальных или государственных нужд органов власти Российской Федерации. Подробно раскрываются действия современного российского законодателя, который постоянно и неусыпно стоит на страже экономических и социальных интересов нашего государства. Правоохранительные органы Российской Федерации надежно и качественно охраняют экономические отношения в нашей стране, эффективно и на высоком профессиональном уровне противодействуя преступности в сфере государственного заказа, оберегая экономический суверенитет нашей Родины, защищая наше государство от разрушающего воздействия внешних и внутренних угроз и факторов, от опасностей и различного рода негативных вызовов и рисков в области экономической, военной и национальной безопасности России. Главный принцип правоохранительных органов России - беречь каждый рубль государственного бюджета страны, не допуская воровства и казнокрадства, направляя все свои усилия, знания и возможности на экономное, скрупулезное и бережливое расходование финансовых средств казны государства. The article deals with the issues of high-quality and effective criminal legal counteraction to abuses and violations in the most important for our state sphere of state or municipal procurement of goods, services and works for municipal or state needs of the authorities of the Russian Federation. The article reveals in detail the actions of the modern Russian legislator, who constantly and vigilantly guards the economic and social interests of our state. The law enforcement agencies of the Russian Federation reliably and efficiently protect economic relations in our country, effectively and at a high professional level counteract crime in the field of state orders, protect the economic sovereignty of our Homeland, protect our state from the destructive effects of external and internal threats and factors, from dangers and various kinds of negative challenges and risks in the field of economic, military and national security of Russia. The main principle of the law enforcement agencies of Russia is to protect every ruble of the state budget of the country, preventing theft and embezzlement, directing all their efforts, knowledge and capabilities to economical, scrupulous and thrifty spending of financial resources of the state treasury.
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Antonov, Yurij I. "Compulsory Treatment of Persons Who Have Committed a Socially Dangerous Act in a State of Mental Disorder or Who Have Fallen Ill After Such an Аct: Historical Aspect." Pravosudie / Justice 5, no. 4 (December 26, 2023): 106–26. http://dx.doi.org/10.37399/2686-9241.2023.4.106-126.
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Introduction. The object of the study is the legal relationship on the establishment of state compulsory medical treatment for persons with mental disorders who have committed socially dangerous acts established in the monuments of Russian criminal law (1649–1960). Methods. In this study, the historical method was used accordingly. The comparative legal method was also used, which made it possible to draw the main conclusion – about the evolutionary (smooth, not abrupt) state regulation of these legal relations. The application of the theological method led to the conclusion that until the beginning of the XIXth century, these persons who had not committed serious socially dangerous acts were kept either by relatives or in monasteries, being essentially outcasts. Results. One of the main conclusions was the conclusion that it is necessary to return to the list of socially dangerous acts committed by persons in a state of insanity or by persons who became insane after committing such an act, as the basis for applying compulsory medical measures to such a person. Discussion and Conclusion. In this study, the author came to the following conclusions: 1) state compulsory measures against persons with mental disorders were first officially enshrined in the Cathedral Code of 1649: they represented control over the independent healing of a sick person for his subsequent responsibility in court; 2) state compulsory measures for persons with mental disorders in the form of premises: in the monastery were provided in 1715 by the Military Article, in the orders of public charity in 1775, in special homes of the insane in 1845 by the Code of Criminal and Correctional Punishments; 3) state compulsory measures against persons with mental disorders in the form of compulsory treatment of such persons were first provided for in 1922 by the Criminal Code of the RSFSR. At the same time the basis for the application of such measures narrowed: if before the RSFSR Criminal Code of 1922, such a basis (in addition to the crime committed by him) was the danger of such a person (both for himself and for society), then since 1922 such the basis (in addition to the crime committed) began to recognize the danger of such a person only to society. This state of affairs existed normatively until the Criminal Code of the Russian Federation in 1996. The statement of this fact refuted the hypothesis of an evolutionary improvement in the attitude towards persons with mental disorders according to the monuments of Russian law. This research can be used in the study of the historical development of the types of state compulsory measures on the treatment of persons with mental disorders (who committed or fell ill after a socially dangerous act), and for determination of the grounds for the application of each of them.
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Østbø, Jardar. "Corrupt and Honorable, Gangster and Nobleman." Cultural Politics 16, no. 2 (July 1, 2020): 171–91. http://dx.doi.org/10.1215/17432197-8233378.
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The Russian authoritarian regime is not necessarily immoral, but its morality shares characteristics with that of street gangsters—and aristocrats. As argued in this article, there are two competing moral orders in Russia—the culture of honor and the culture of dignity. The article presents the readers with a case study of General Viktor Zolotov’s challenge of the leader of the liberal opposition Aleksei Naval′nyi to a duel in September 2018. Seen through an analytical lens, this seemingly absurd speech act and its reception reveal the extremes in the spectrum spanning from the ideal-typical culture of honor to the ideal-typical culture of dignity, both of which are present in Russia today. The study points to the hidden reasons behind the failure of the rivals and their respective supporters to engage in a real mutual debate—each side employs moral arguments that make sense only within its respective moral order. The Russian public is divided, not only by political views, interests, class, or even values but also by morality. If we are to understand the Russian regime’s behavior internationally and domestically, it is important to recognize this rupture. After all, even the military and security service officials in the ruling elite, the author argues, to a degree share the moral culture of criminal groups but are strangers to the law-based moral culture of the liberal urban middle class—and vice versa.
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Shcherbanyuk, O. V., and O. V. Sinkevich. "The role of non-governmental human rights organizations in ensuring the collection of evidence for the international criminal court in the context of the war in Ukraine." Uzhhorod National University Herald. Series: Law 2, no. 80 (January 20, 2024): 395–402. http://dx.doi.org/10.24144/2307-3322.2023.80.2.63.
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In Ukraine, starting from February 2022, every day servicemen of the Russian army commit crimes that are a direct violation of international humanitarian law, not only on the front line, but also in the depths of the country, in the central and western regions. The author of the article analyzes the procedure for pre-trial investigation of international criminal crimes and the role of non-governmental public human rights organizations in this process. In addition, the new functions assigned to NGOs as separate non-governmental human rights organizations that have been operating on the territory of Ukraine since the beginning of the full-scale invasion were considered. The legal mechanisms for the involvement of NGOs in the collection of evidence on the ground, as well as the possibility of taking into account the collected information by international justice bodies, were studied. Specific examples and initiatives of the public sector, within the scope of the issue being studied, are given, and the functions, competences, and opportunities for increasing the effectiveness of NGO activity in the conditions of war are defined.
It was concluded that non-governmental organizations, including human rights organizations, during the war in Ukraine discovered new areas of work and expanded the possibility of cooperation with state bodies. In turn, law enforcement agencies have provided access to limited information for the NGOs themselves by internal orders, which together increases the effectiveness of the pre-trial investigation of committed crimes. Thanks to this, feedback has been established. Special attention should be paid to the work of foreign NGOs and volunteers, which contributes to the recording of war crimes and crimes against humanity, which current Ukrainian refugees witnessed or became victims of.
It was concluded that the main areas of evidence-gathering NGO activity are the following: 1) dissemination of information in the mass media about the condition of refugees who suffered as a result of the crimes of the Russian military, documenting the stories of witnesses of such offenses. In particular, the facts of torture and sexual violence (from the testimonies of refugees from Ukraine) were reported by the mass media in many European countries and beyond; 2) provision of advisory assistance regarding high-quality recording of episodes of criminal acts in order to recognize such evidence as appropriate; 3) peaceful gatherings and protests of public organizations, the active public against Russia’s war crimes in Ukraine, which, of course, is of great importance for the international community to recognize their severity and massiveness.
It was concluded that the wide international recognition of the war crimes of the Russian Federation creates opportunities for the successful initiation of the International Tribunal or other judicial formats (such as the International Criminal Court, the Extraordinary Chamber) to bring the perpetrators to justice. All international actors collect evidence according to the clear requirements and standards of the International Criminal Court, and subsequently either transfer it to it or accumulate it in the prosecutor’s offices of certain countries for further referral to a designated responsible judicial body.
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Kim, Min-Bae. "Enactment and Issues of Japan's Important Land Survey Regulation Act." Korean Public Land Law Association 99 (August 30, 2022): 1–31. http://dx.doi.org/10.30933/kpllr.2022.99.1.
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On the basis of national security and territorial integrity, can the state regulate the use of land and buildings around important defense facilities or on border islands? In response, on June 16, 2021, Japan promulgated ‘Important Land Survey Regulation Act.’ In enacting the Important Land Survey Regulation Act, the Japanese government suggested land acquisition in a specific area by foreign capital as a basis for legislation. Due to the cases of land acquisition in a water source, defense facilities, or border islands, anxiety among Japanese residents and the people is growing.
As a background of legislation, the Important Land Survey Regulation Act refers to ‘concerned’ foreign capital and state. It is primarily considering Korea and China as regulatory targets. The Important Land Survey Regulation Act is a regulation law based on the maintenance of the base of national life, maritime sovereignty, and national security. In the future, I think the Important Land Survey Regulation Act will have a direct or indirect effect on Korea.
From a national security perspective, laws that regulate direct investment in corporate purchases also exist in the United States and Japan. However, regulations on real estate transactions have recently been introduced from the perspective of national security. In the United States, the Foreign Investment Risk Review Modernization Act (FIRRMA) enacted in August 2018 is a representative law. Real estate transactions are being conducted as a subject of review by the US Foreign Investment Committee (CFIUS). From a national security perspective, Japan is reviewing the case of the United States, which regulates the sale of real estate. However, problems with the bill were pointed out in the process of enacting the Important Land Survey Regulation Act. The issue of unconstitutionality of the Important Land Survey Regulation Act was also raised.
In this study, I reviewed the issues and the contents of the law in the legislative process of the Japanese National Assembly : the purpose of legislation and the existence of legislative facts, the subject of regulation and delegation of legislation, forest and water sources, enforcement decree and delegation legislation, resident movement regulation, designation of special zones, and pre-reporting system, etc. The following matters were reviewed on the issue of unconstitutionality inherent in the Important Land Survey Regulation Act : legislative purposes and the absence of legislative facts, violation of the principles of parliamentary legislation, principle of criminal justice, recommendations and orders and criminal penalties, land use investigation and personal information, privacy rights, freedom of thought and conscience, self-denial rights, property rights and compensation systems, etc.
The Important Land Survey Regulation Act, like FIRRMA in the United States, is based on national security, Japan primarily aims to protect Japan’s Self-Defense Forces facilities and U.S. military facilities. To this end, ownership and use, and transactions of land and buildings in a specific area are regulated. Second, however, it is a law to prepare for border disputes or maritime disputes between Japan and China, Japan and Russia, Korea and Japan. From the perspective of borders, territories, and maritime sovereignty, the Republic of Korea needs to establish new border protection measures for uninhabited islands and islands.
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Kharytonov, Sergiy. "Looting: Criminal Law Characteristic." Problems of legality, no. 161 (June 30, 2023): 188–201. http://dx.doi.org/10.21564/2414-990x.161.278849.
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The article is devoted to the disclosure of the concept of “looting” and the description of the characteristic criminal law elements and signs of this military offense. The relevance of the presented material lies in the fact that there are not enough highly qualified specialists in the field of military-criminal and military-administrative legislation in Ukraine, that has a negative effect on the correct qualification of military offenses, the level of which has significantly increased against the background of full-scale military aggression by the Russian Federation. The aim of the article lies in formulation and suggestions regarding a decision on peculiarities of the criminal law characteristics of looting and distinguishing this offense from the related offenses against property. The research is based on the use of scientific methods of general scientific and special-legal levels. The obtained results allow to claim that looting is a crime of war or local armed conflict, committed by violent or non-violent means of misappropriation of personal belongings of the killed or wounded. The place of commission of this war crime can only be a battlefield or rear areas which are subjected to artillery, mortar, and rocket fire.
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Anna, Politova. "Migration and human trafficking in the conditions of armed conflict: relationship and consequences." Migration & Law 2, no. 2-4 (2022): 46–62. http://dx.doi.org/10.32752/2786-5185-2022-2-3-4-46-62.
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The article is devoted to the relationship and consequences of migration and human trafficking in conditions of armed conflict. It was noted that the full-scale invasion of the Russian Federation on the territory of Ukraine became an impetus for rethinking human trafficking: women and children who are forced to leave Ukraine due to Russia’s military aggression and head for neighboring countries face the risks of human trafficking. Men who remain inside the country can also become prey for traffickers. It is outlined that before the events of February of the current year, the study and formation of migration processes, as well as the reasons for the migration of the Ukrainian population, were aimed at the implementation of preventive measures to overcome the consequences and maximize the benefit of the results caused by such processes. The research determined that such an aspect as the forced and unauthorized transfer of Ukrainian citizens to the territory of the Russian Federation and the occupied territories remains overlooked in statistical information, since there is no exact number of deportees. The figures given in the mass media and in the speeches of representatives of state authorities are approximate, and the number of such persons is much larger; in terms of the number of recorded criminal offenses, there are much more of them, because human trafficking has a high latency, since victims of human trafficking do not want to report it to law enforcement agencies. It was established that as of November, 2, the analysis of the “Legislation of Ukraine” database allows us to note that it contains 66 normative legal acts related to combating human trafficking, however, since the beginning of the full-scale invasion of the Russian Federation on the territory of Ukraine, not a single resolution, decree, orders, etc., were not amended or supplemented. A conclusion was made about the need to make changes to the current legal acts, as well as to pay attention to such a category as internally displaced persons by the national coordinator in the field of combating human trafficking – the Ministry of Social Policy of Ukraine, as well as to conduct explanatory work with citizens of Ukraine , who are traveling abroad due to armed conflict, at the checkpoints, providing them with detailed information about the National Hotline for Combating Human Trafficking, Preventing and Countering Genderbased Violence and the Emergency Helpline in all EU countries. Key words: migration; human trafficking; armed conflict; internally displaced person; causes (factors) of human trafficking.
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Poretschkin, Alexander. "COMMITTEE FOR MILITARY CRIMINOLOGY AND MILITARY CRIMINAL LAW." Military Law and the Law of War Review 45, no. 1-2 (December 2006): 119–23. http://dx.doi.org/10.4337/mllwr.2006.1-2.13.
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Бодаевский, В. П. "Military law as an external factor affecting the system of criminal law norms that ensure military law and order." Ius Publicum et Privatum, no. 5(15) (December 28, 2021): 41–50. http://dx.doi.org/10.46741/2713-2811-2021-5-41-50.
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В статье рассматриваются вопросы влияния на системообразующие функции военно-уголовного права такого внешнего фактора, как военное право. Анализируются межотраслевые связи сопоставляемых систем, отражающие закономерности функционирования военно-уголовного права. Автор приходит к выводу об обоснованности мнения тех ученых, которые считают утверждение о двойной отраслевой принадлежности военно-уголовного права недостаточно убедительным и не имеющим правовых оснований. Приводятся доводы в пользу того, что обратное означало бы отрицание базовых и общепризнанных положений юридической науки о самостоятельности уголовного права в системе отраслей права The article examines the influence of such external factor as military law on the systemforming functions of military criminal law. Intersectoral relations of the systems being compared are analyzed, reflecting the regularities of the functioning of military criminal law. The author comes to the conclusion about the validity of the opinion of those scientists who consider the assertion of the dual branch affiliation of military criminal law to be insufficiently convincing and lacking legal basis. Arguments are given that the opposite would mean a denial of the basic and generally recognized provisions of legal science on the independence of criminal law in the system of branches of law. K e y w o r d s : intersectoral relations; regulatory prescription; military criminal law; military law; blanket legal norm. 12.00.08 – Criminal law and criminology, penal law
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Zakomoldin, Ruslan V. "Criminal Law Influence on Military Servicemen in the Military Security Assurance Mechanism." Military juridical journal 3 (March 4, 2021): 7–10. http://dx.doi.org/10.18572/2070-2108-2021-3-7-10.
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The article is devoted to the analysis of special norms and provisions of the Criminal Code of the Russian Federation, reflecting the specifics of criminal law impact in relation to military personnel as a special subject. The article analyzes the military criminal legislation as a special criminal legal institution that allows differentiating criminal responsibility and punishment of servicemen, taking into account the specifics of their legal status and the tasks they perform in the conditions of military service. On the basis of the analysis undertaken, conclusions and proposals are formulated for introducing amendments and additions to the Criminal Code of the Russian Federation in terms of the criminal law protection of military security and criminal law impact on servicemen.
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Bodayevskiy, V. P. "INTERNATIONAL TREATIES AS AN EXTERNAL FACTOR AFFECTING THE SYSTEM OF CRIMINAL LAW NORMS THAT ENSURE MILITARY LAW AND ORDER." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), no. 3 (1) (2022): 136–53. http://dx.doi.org/10.37279/2413-1733-2021-7-3(1)-136-153.
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The article reveals and examines the issues of the influence of international law, primarily international treaties, on the formation and functioning of the system of criminal law norms that ensure military law and order. The author substantiates the claim that hierarchical and coordination relations mainly operate between the domestic system of legal norms that provide criminal and legal protection of military law and order, and international law. It is noted that these connections cause the long-overdue need for an audit of the entire system of domestic criminal legislation, including the system of military criminal norms, for their adaptation and compliance with the requirements of international law, international treaties to which the Russian Federation is a party. The system of military criminal norms, due to its specifics, should not only take into account, but also specify these prescriptions (for example, the terminological constructions «military crimes that are not crimes in accordance with ordinary criminal law», «armed conflict», «military actions»), and some of them require implementation in the national criminal law, which will eliminate existing contradictions in these branches of legislation and will contribute to improving the quality of the Criminal Code of the Russian Federation.
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Muzaffer Yasin, ASLAN. "MILITARY CRIMINAL JURISDICTION UNDER TURKISH LAW." Ankara Üniversitesi Hukuk Fakültesi Dergisi 57, no. 2 (2008): 1. http://dx.doi.org/10.1501/hukfak_0000000281.
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Lande, Raymond G. "Military Psychiatry and the Criminal Law." Military Medicine 157, no. 8 (August 1, 1992): 392–97. http://dx.doi.org/10.1093/milmed/157.8.392.
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Bodaevsky, Viktor P. "The effect of the Russian criminal law regarding military crimes in space." Gosudarstvo i pravo, no. 7 (2022): 80. http://dx.doi.org/10.31857/s102694520020997-7.
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The article analyzes the specifics of the application of special legal norms provided for in Articles 11 and 12 of the Criminal Code of the Russian Federation: on the operation of the criminal law against persons who committed a crime on a military ship or military aircraft of the Russian Federation; on the operation of the criminal law against military personnel of military units of the Russian Federation stationed outside the Russian Federation. It is stated that full criminal jurisdiction extends to: warships or military aircraft of the Russian Federation, regardless of their location; troops in combat conditions, as well as on the territory of military units stationed in peacetime, if there is no bilateral international agreement or if this is directly determined by the relevant international treaty; military personnel during service as part of a special military contingent of international organizations (UN, CSTO, etc.). Limited criminal jurisdiction it is established by a bilateral international agreement. The issues of extradition of military personnel and jurisdiction of criminal responsibility of prisoners of war are considered. Based on the above, the relevant conclusions and proposals for improving the Criminal Code of the Russian Federation are formulated.
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Owoade, M. Adekunle. "The Military and the Criminal Law in Nigeria." Journal of African Law 33, no. 2 (1989): 135–48. http://dx.doi.org/10.1017/s0021855300008081.
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Nigeria was under military rule from 1966 to 1979, and from December 1983 to date; it had a short civilian interregnum from 1979 to 1983 during the era of President Shehu Shagari.This rather long period of military administration in Nigeria brought along with it changes in the scope of substantive criminal law as well as procedural changes. This can be partly explained on the ground that the criminal law must react and adjust to societal changes and formulate its own rules to combat them. However, an assessment of the attitude of the military to criminal law might suggest that certain fundamental rules have been sacrificed for despatch.This article is an attempt to highlight the contribution of the military administrations to the development and scope of criminal law in Nigeria. The approach is to examine the various important criminal law enactments of the military era with a view to see their impact, if any, on the hitherto existing rules and system of criminal law.
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Bodaevsky, V. P. "Characteristics and Functional Purpose of the System of Criminal Law Rules Providing Protection of Military Law and Order." Lex Russica, no. 4 (April 24, 2021): 44–62. http://dx.doi.org/10.17803/1729-5920.2021.173.4.044-062.
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Based on the provisions of the general theory of systems and the theory of law, the author of the paper, taking into account philosophical objective attitudes, argues that, despite the fact that the law-maker refers legal norms ensuring protection of the military law and order to differnt institutions of criminal law, they must be regarded as a system that is a holistic, relatively independent, component institution of criminal law. The author argues that this system in its type belongs to open systems, since even in the conditions of partial determination in the structure of the criminal law it is able to react to the external conditions through available points of contact. Given various challenges and threats to the military law and order at the beginning, this system, having transformed them, allows in the end to provide prevention of military crime and criminal law protection of the military law and order. It is stated that this system is based on a variety of external and internal relations between its elements and larger formations. Among such connections the author enumerates genetic relations (spawn relations), coordination, subordination and structural intra-system connections that together support homeostasis of the systems of military-criminal norms, i.e. ensure its existence and functioning. The structure of this system depends on its subject and functional purpose, namely, providing criminal legal protection of military law and order in peacetime and wartime. The analysis of the integrative properties of this system, its typological characteristics and subject and functional purpose makes it possible to conclude that the system of military and criminal law rules constitute a sub-brunch of criminal law.
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Lee, Sungdae. "Reasonable Improvement Plan for the Current Military Criminal Law System in Korea." Korean Association for Terrorism Studies 16, no. 3 (September 30, 2023): 89–114. http://dx.doi.org/10.46350/kats.2023.16.3.89.
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As a basic law that regulates the system and composition of military justice, the Military Court Act has undergone numerous revisions based on the Military Courts Act enacted in 1962, and when viewed from a larger perspective, changes in practical meaning are still lacking. Although this was discovered, it is also true that relatively recent revisions have brought about significant changes. Unlike the Military Court Act, which has gone through about 40 revisions starting from the Military Court Act enacted on January 20, 1962, the Military Criminal Act, which is a substantive law, has been relatively revised in terms of frequency and content of revision even though it was enacted at the same time. It has gone through a gradual change. This difference can be seen as a natural result of the nature of procedural law and substantive law, but despite various controversies, including the unconstitutionality of the military criminal law's requirements, the actual revisions are too passive and insufficient to give practical meaning. many.
In this way, unlike the Military Court Act, the Military Criminal Act does not show any significant changes in reality, but considering the social distrust of military justice and the resulting need for change, the immediate task is to explore the necessity and direction of change in the Military Criminal Act, which is the substantive law. It has been done. The purpose of this article is to examine whether there are any problems or need for improvement in the Military Criminal Act in connection with the revisions to the Military Court Act, and based on this, to present alternatives to improve the problems of the Military Criminal Act. In conclusion, we cannot support the position of the Ministry of National Defense, which has consistently argued that it is premature based on arguments that cannot be agreed upon, and emphasized that it is time to move forward with drastic reform of the military criminal justice system. And the starting point should be found in the temporary legalization of the military criminal law, which is a substantive law, and the subsequent abolition of peacetime military courts, through which it was believed that the ultimate liquidation of the peacetime military criminal law system would be possible.
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Anshari, Anshari, Azzahra Lalili Firdaus Tupan, and Nina Niken Lestari. "Penerapan Sanksi Tindak Pidana Asusila Oleh Pengadilan Militer I-05 Pontianak (Putusan Nomor 53-K/Pm.I-05/Ad/Ix/2017)." Res Judicata 6, no. 1 (June 15, 2023): 16. http://dx.doi.org/10.29406/rj.v6i1.5953.
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ABSTRACKThe military has privileges in the field of law by having its own legal rules, one of which is the Military Criminal Law as a material law that is stipulated and enforced against the Indonesian National Armed Forces (TNI). At the formal level, the Military Criminal Code (KUHPM) is used. The proceedings in the Military Court are regulated in Law Number 31 of 1997 concerning Military Courts. There are also criminal cases where the perpetrator is a soldier, one of which is immoral crime which in this study is used in decision number 53-K/PM.I-05/AD/IX/2017 to critically explain the procession of first-level military court proceedings. The purpose of this study is to find out the procedures for criminalizing TNI Soldiers according to Law Number 31 of 1997 concerning Military Justice. The settlement process was carried out at the 1-05 Pontianak Military Court. In order to find out the settlement process carried out at the Pontianak 1-05 Military Court. This type of research is empirical research, using a qualitative approach, data collection techniques used by interviews, data analysis techniques with qualitative analysis. The results of this study, the State will provide sanctions to any perpetrators of violations such as criminal acts, the Military Court also has a criminal and criminal system that is guided by the Criminal Procedure Code (KUHAP) and Law Number 31 of 1997 concerning Military Courts. There are differences in the process of criminal proceedings in the General Court and the Military Court which perhaps many civil society do not know about. In decision number 53-K/PM-I.05/AD/IX/2017 it explains the process of settling an immoral crime case committed by a TNI soldier and the settlement is in accordance with the rules that apply to Law number 31 of 1997 concerning Justice Military.
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Karelin, V. V., and K. O. Prokhorov. "IMPLEMENTATION OF THE INSTITUTE FOR THE INVESTIGATION OF MILITARY CRIMINAL OFFENSES BY THE STATE BUREAU OF INVESTIGATIONS AND THE FUTURE MILITARY POLICE." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2022, no. 2 (August 15, 2023): 93–105. http://dx.doi.org/10.32755/sjcriminal.2022.02.093.
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At all stages of Ukraine’s development, the system of investigation of criminal offenses was one of the attributes of ensuring the rule of law in the state. Among this, the system of investigations of military criminal offenses in the Armed Forces of Ukraine (hereinafter – the AF of Ukraine) is not an exception. It should be noted that there is an urgent need to reform such a major military law enforcement agency as the Military Law Enforcement Service of the AF of Ukraine, which does not meet modern NATO standards, the member of which Ukraine plans to become in the nearest future, into a new Military Police that will investigate military criminal offenses together with the State Bureau of Investigations. To this date, in connection with the possibility of creating a Military Police in Ukraine we should: adopt amendments to the Criminal Code of Ukraine, which provide for the classification of certain crimes under Articles 402, 403, 405, 406, 407, 408, 409, etc., to criminal offenses; to determine the powers of the Military Police to conduct a pre-trial investigation in the form of investigation of criminal offenses committed by servicemen, civil servants of military formations, and to leave the powers to investigate war crimes and crimes in the military sphere (the latter include various encroachments on the military-industrial complex) for the State Bureau of Investigations; to refer to the jurisdiction of the Military Police certain components of criminal offenses, in addition to Article 422 of the Criminal Code of Ukraine, committed by servicemen, sergeants and junior officers, and civil servants of military formations, whose positions belong to “B” category. Key words: State Bureau of Investigation, Military Police, Military Law Enforcement Service of the Armed Forces of Ukraine, military criminal offenses, NATO, military criminal justice.
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Zakomoldin, R. V. "ON THE FORMAL ASPECT OF REGULATION OF THE CRIMINAL LEGAL IMPACT IN RESPECT OF MILITARY PERSONNEL IN THE RF CRIMINAL CODE." Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no. 1 (2021): 5–11. http://dx.doi.org/10.18323/2220-7457-2021-1-5-11.
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The paper analyzes special norms and provisions of the RF Criminal Code reflecting the specifics of criminal law impact towards such a particular subject as military personnel. The author studies the nature, meaning, and varieties of special criminal law norms. The paper highlights the diversity of such norms and their presence in General and Special parts of the criminal law. In this respect, the author explains that these norms have a dual purpose: they are applied both instead of general norms and along with them, supplementing and specifying them. The author emphasizes the certainty, necessity, and reasonability of special norms and provisions in criminal law. The study pays special attention to military criminal legislation as a special criminal legal institution and a set of special rules and provisions that allows differentiating and individualizing criminal responsibility and criminal punishment of servicemen, taking into account the specifics of their legal status and the tasks they perform in the conditions of military service. The author considers special norms and provisions of the General Part of the RF Criminal Code regulating particular military types of criminal punishment and the procedure for their imposition (Articles 44, 48, 51, 54, 55), as well as the norms and provisions of the Special Part of the RF Criminal Code on crimes against military service (Articles 331–352). Besides, the study identifies close interrelation and interdependence of special norms and provisions of the criminal law with the criminal procedure and criminal executive legislation because they are the elements of a single mechanism of criminal law impact on military personnel, and only their combination ensures the effectiveness of such impact. Based on the analysis, the author formulates the conclusions and proposals to introduce amendments and additions to the RF Criminal Code concerning military criminal legislation. First of all, the author proposes highlighting the section “Criminal liability of military personnel” and the chapter “Features of criminal liability and punishment of military personnel” in the General part of the RF Criminal Code and abandoning the provision of part 3 of Art. 331 in the Special part.
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Chuchaev, Alexander I. "Criminal and military-criminal legislation in the creative heritage of P.S. Romashkin." Gosudarstvo i pravo, no. 5 (2023): 32. http://dx.doi.org/10.31857/s102694520025193-3.
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Pyotr Semyonovich Romashkin (1915 - 1975) – Corresponding Member of the USSR Academy of Sciences, Doctor of Law, Professor; in 1958 - 1964 he headed the Institute of State and Law of the USSR Academy of Sciences, after 1964 he headed the Sector of General Problems of Criminal Law of the Institute. Author of a number of works on Criminal and International Criminal Law. The article analyzes his monograph “The main principles of the criminal and military criminal legislation of Peter the Great” (Moscow, 1947) - the first and, unfortunately, the last in the Soviet and post-Soviet criminal law literature study of the legislation of the Peter the Great era. The general issues of the Criminal and Military Criminal Law of Peter the Great are considered, its difference from both the previous criminal legislation and the Cathedral Code of 1649, which operated along with the military Articles of 1715. The author’s views on the crime and punishment reflected in the imperial acts, his assessment of the scope of these Articles, types of punishments and, in particular, the death penalty are investigated. P.S. Romashkin expressed his own point of view on a number of issues, therefore, the work of pre-revolutionary criminologists on both Criminal and Military Criminal Law is widely used in the article.
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Lubis, Arief Fahmi. "Pembaruan Sistem Pemidanaan Pada Hukum Pidana Pidana Militer." Hutanasyah : Jurnal Hukum Tata Negara 1, no. 1 (August 11, 2022): 41–54. http://dx.doi.org/10.37092/hutanasyah.v1i1.382.
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Renewing the Military Criminal Law Criminal System is not easy, especially the special criminal law system such as the Military Criminal Code (KUHPM), which is a codification of criminal law in the Criminal Code. The purpose of this study is to emphasize that the military criminal sanction system must still refer to the sanctions system in the Criminal Code (KUHP) or the Draft Criminal Code which is currently in the process of being drafted. Qualitative research uses a descriptive approach to collect data systematically, factually , and quickly according to the description when the research was conducted. The results of this study indicate that the guideline in the preparation of the Criminal Code is that punishment is an inseparable part of criminal law, so it is not a criminal law if it regulates only norms without being followed by criminal threats. Criminal threats that will be applied to criminal actors, although not primarily, but the nature of the crime is a crime
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Kibalnik, Aleksey G. "Revival of Pillaging in Criminal Law." Russian investigator 1 (January 18, 2024): 64–68. http://dx.doi.org/10.18572/1812-3783-2024-1-64-68.
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The formation of military-criminal legislation is a reasonable step of the legislator in the current socio-political situation. One of the most striking “mobilization” novelties of the criminal law was the return of the norm on looting to the Russian Criminal Code. In Soviet times, looting was considered the «most shameful» military crime, committed directly at the site of armed (combat) conflict. However, looting is currently regarded as a crime against the peace and security of mankind. Essentially, it is a special type of use of prohibited means and methods of warfare, namely military plunder, not justified by a state of forced necessity. One way or another, any act of looting must have a connection with the armed conflict. To establish such a connection, the author believes it is possible to use the experience of modern international tribunals recognized by the Russian Federation.
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Timang, Yulianto, Widayati Widayati, and Nanang Sri Darmadi. "The Criminal Policy in Efforts to Overcome Crimes Perpetrated by the Indonesian National Army." Law Development Journal 4, no. 3 (August 25, 2022): 480. http://dx.doi.org/10.30659/ldj.4.3.480-494.
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This study aims to find out and analyze and seek answers to criminal policies in an effort to tackle crimes committed by the Indonesian National Armed Forces and to find out and analyze and seek answers to policies for regulating criminal law enforcement against TNI soldiers in the future. The results and discussion of the research show that Criminal Policy in Efforts to Overcome Crimes Committed by the Indonesian National Armed Forces is subject towetboek van Militair Strafrecht (WvMs)/Stb.1934 Number 167 in conjunction with UURI Number 39 of 1947, which was translated into the Military Criminal Code (KUHPM). Its enforcement is the same as in law in Indonesia, if the Criminal Procedure Code is a material criminal law, then Act No. 6 of 1950 in conjunction with Act No. 1 Drt of 1958 concerning Military Criminal Procedure Code which was later revised and set forth in Chapter IV of Article 264 of the Law. Law on Military Courts, while Act No. 31 of 1997 applies as a formal criminal law, and the realization of the revision of Act No. 31 of 1997 concerning Military Courts. Criminal Law Enforcement Against Indonesian National Army Soldiers in the Future.
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Vermeulen, Ben. "Grotius on Conscience and Military Orders." Grotiana 6, no. 1 (1985): 3–20. http://dx.doi.org/10.1163/016738312x13397477911223.
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Bodaevskiy, V. P. "Social Conditionality of Establishing Criminal Responsibility and Punishment for Military Personnel." Lex Russica 73, no. 6 (June 26, 2020): 97–109. http://dx.doi.org/10.17803/1729-5920.2020.163.6.097-109.
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Many publications are devoted to the identification of social conditionality of criminal regulations. However, the science of criminal law does not have any comprehensive research on the social conditionality of establishing criminal responsibility and punishment for military personnel. In this regard, its essence, features and criteria for identification remain practically unknown. The paper reveals the problematic aspects of the concept and meaning of social conditionality of establishing criminal responsibility and punishment for military personnel; the author’s definition is given. Based on the widespread opinion in the theory of criminal law that the mechanism for identifying this social condition consists of criteria that are studied by the legislator at the appropriate stages of the processes of criminalization (decriminalization) and penalization (depenalization) of military socially dangerous acts, the author analyses them in detail. The problem of ways of legal regulation of criminal responsibility and punishment of military personnel is touched upon. It is stated that the peculiarity of the definition of this social conditionality is the resolution by the legislator, among other dilemmas, of the question of the need for normative fixing of a special military or ordinary prohibition and (or) fixing of the corresponding special military regulationsin the general part of the Criminal Law.The author concludes that the identification of social conditionality of the criminal-normative prescription on responsibility and punishment of military personnel is one of the important tasks of modern science of criminal law, which necessitates the development of a unified approach to the structure and content of this process. The establishment of the theoretical and legal essence of this conditionality should be considered as the most important step in this direction. The author offers the following definition. It is the compliance of criminal regulations that establish responsibility and punishment for criminal behavior of military personnel, resulting from the demand of society in the objective need for criminal law protection of military law and order and other public relations that are most important for the individual, society and the state.
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Fadhlurrahman, Fadhlurrahman, Rafiqi Rafiqi, and Arie Kartika. "Proses Penyidikan Dalam Penyelesaian Tindak Pidana Kekerasan Dalam Rumah Tangga Yang Dilakukan Oleh TNI-AD (Studi Di Pengadilan Militer I-02 Medan)." JUNCTO: Jurnal Ilmiah Hukum 1, no. 1 (June 28, 2019): 52–64. http://dx.doi.org/10.31289/juncto.v1i1.194.
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Domestic violence perpetrated by individual soldiers not only harmed their families but also caused losses to the soldiers themselves both morally and materially. Proving a criminal offense, the process of investigation, prosecution, and examination in a court of law in a case of a crime of domestic violence is carried out according to the provisions of the applicable criminal procedure law. This type of research is normative law that is analyzing a decision made by combining primary data legal materials with secondary data obtained in the field with interviews. The investigation process in which the Military Police conduct an investigation of suspects with military status and refers to Law Number 31 of 1997 concerning the Military Criminal Code where eventually the case files will be submitted to military prosecutors for trial in military court. There are 4 stages in the process of resolving cases in the military court in the investigation stage, the prosecution stage, the hearing stage in the trial, the decision implementation stage. The form of criminal liability for military members who commist crimes is regulated in Article 6 of the Military Criminal Code.
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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.
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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.