| Abstrakt: |
The article provides a comprehensive theoretical and legal analysis of criminal liability for violations of the laws and customs of war, in light of contemporary challenges facing international humanitarian law. The relevance of this study arises from the need to enhance mechanisms of accountability for war crimes amidst modern armed conflicts and the importance of ensuring effective justice against war criminals. The research delves into the historical development of legal regulation for liability concerning breaches of war laws and customs, starting from the Hague Conventions to contemporary international legal instruments. Particular attention is given to the 1949 Geneva Conventions, which serve as a foundational pillar of modern international humanitarian law in protecting the rights of participants in armed conflicts. Through systematic analysis, the article outlines the distinct legal status of various categories of armed conflict participants (combatants, noncombatants, civilians, and prisoners of war) and the nuances of their protection under international humanitarian law. A detailed examination of the elements of the crime defined in Article 438 of Ukraine's Criminal Code is conducted, with a specific focus on the contextual elements that characterize war crimes. The article addresses contentious aspects of the doctrinal interpretation of the contextual element in war crimes, exploring various academic perspectives on its nature and its place within the elements of the crime. The relationship between contextual circumstances and the objective and subjective aspects of war crimes is substantiated. The study also examines the specificities of different types of liability for violations of war laws and customs, including individual, collective, and state responsibility. It analyses the role of international judicial institutions in ensuring the inevitability of punishment for war crimes and highlights challenges in their effective operation. Based on the research, the authors propose improvements to mechanisms for criminal accountability regarding violations of war laws and customs and develop recommendations aimed at enhancing the effectiveness of international justice in this domain. [ABSTRACT FROM AUTHOR] |
