| Abstrakt: |
Article dedicated to investigating the object of the composition of a criminal offense of violation of the laws and customs of war. The relevance of the topic is determined by the increase in violations of international humanitarian law in contemporary armed conflicts, including in the context of Russian aggression against Ukraine. The author analyses various approaches to defining the concept of "object of criminal offense," critically assessing the traditional Soviet notion of the object as social relations. The need to move away from this concept in favour of a broader understanding of the object as a complex of socially significant values, interests, and goods protected by criminal law is substantiated. The article discusses the specificity of the object of violations of the laws and customs of war, as defined by international acts regulating the conduct of war. The author emphasizes that this object includes the international legal order in the sphere of armed conflicts, the principles of international humanitarian law, rules of conduct of hostilities, and the protection of war victims. An additional optional object of violation of the laws and customs of war analysed is the life and health of the person. It is emphasized that a mandatory feature of the object for this criminal offense is its subject matter, which constitutes objects of civilian purpose, including national property, which serves as a material carrier of cultural values. Special attention is paid to the analysis of the structure of criminal offenses against peace, security of humanity, and international order, which differs from the traditional structure of a criminal offense and includes material, mental, and contextual elements. The author also examines the concept of command responsibility, which is an important component of criminal responsibility for violations of the laws and customs of war. The conclusions assert that a clear understanding of the object of violations of the laws and customs of war is crucial for the correct qualification of actions and ensuring the inevitability of punishment for criminal offenses against peace, security of humanity, and international order. The author emphasizes the need for further improvement of approaches to defining the object of this criminal offense considering the development of international criminal law and the practice of international judicial institutions. [ABSTRACT FROM AUTHOR] |
